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Reasons
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(영문) 대구지방법원 포항지원 2013.09.12 2013고단649
특수절도등
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A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1(s) shall be confiscated.

Reasons

Punishment of the crime

On April 26, 2011, the Defendant was punished by imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) in a port support from the Daegu District Court on April 26, 201, and the

5. 26. The same court was sentenced to four months of imprisonment with prison labor for larceny, etc. and completed the execution of the final sentence in the Daegu Prison on February 25, 2013.

1. At around 04:00 on July 20, 2013, the Defendant: (a) was in front of the “E” page for the victim’s D operation in south-gu C at port; (b) destroyed the correction device; (c) cut the locked with a view to cutting off the locked, cutting the locked with a preparatory straw, cutting the locked; and (c) failed to cut off the locked; (d) failed to do so; and (c) failed to do so.

2. At around 04:00 on July 21, 2013, the Defendant: (a) cut locked machines prepared in front of the phrase “H’s operation of the Victim G G in South-gu, Nam-gu; (b) cut off locked machines; and intruded into glass doors; and (c) cut 90 copies of the stable card, the market price of which is equivalent to KRW 3,000, the market price of which is equivalent to KRW 7,200, totaled of KRW 65,200, total of KRW 15,000, and KRW 20,000, such as KRW 10,000.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning G and D;

1. Records of seizure and the list of seizure;

1. Investigation report (informating the scene of the crime of special larceny and photographs of evidence), investigation report (Attachment to estimates of damage), investigation report (Attachment to photographs, etc. of scene of the crime of special larceny of a suspect);

1. Previous records of judgment: Application of criminal records, etc. and investigation reports (verification of the period of repeated crime and attachment to the same previous record and judgment);

1. Article 331 (1) of the Criminal Act applicable to the relevant criminal facts, Articles 342 and 331 (1) of the Criminal Act (the point of attempted special larceny) of the Criminal Act;

1. Article 35 of the Criminal Act among repeated crimes;

1. Article 37 of the Criminal Code among concurrent crimes.

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