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(영문) 대구지방법원 2018.11.09 2018고합322
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

[Attachment, the Defendant was sentenced to four years of imprisonment for habitual larceny at the Daegu District Court on June 26, 2015 and completed the execution of the sentence at the Daegu District Court on September 30, 2017, and was sentenced to two years and six months of imprisonment for the same crime in the same court on September 22, 2017. On January 19, 2007, the same court was sentenced to three years of imprisonment for the crime of larceny and was sentenced to three years of imprisonment for the same crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence at the public prison on May 31, 2018.

[2] On July 23, 2018, the Defendant: (a) opened a gate that was not corrected since around 12:20 on July 23, 2018, in the residence of the victim C located in Sinsan-si; and (b) intruded into the inner bank, and (c) took part in the property amounting to KRW 840,00,000,000 in total, including one copy of the gold River C’s gift certificate; and (d) cash KRW 7

In addition, from July 12, 2018 to July 23, 2018, as shown in Attached Table 1, a total of 26 times, as shown in Attached Table 1, a total of 5,197,00 won, was habitually invaded on the victim’s residence, and stolen property amounting to 5,197,00 won, and had attempted to habitually intruded on the victim’s residence three times in total, such as the 2nd list of crimes in Attached Table 2, and the Defendant was punished twice or more due to larceny, etc., and subsequently habitually committed larceny within three years after the completion of the execution.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of C, D, E, F, G, H, I, J, K, L, M, M, N, P, Q, Q, R, S, T, U,V, W, X, Y, Z, AA, AB, AC, AD, AD, and AE;

1. Three copies of a report of investigation (with respect to the seizure of damaged articles), and a photograph of concealing damaged articles;

1. One copy of the details of search systems, such as investigation reports (related to the details of vehicle movement), and multiple vehicles;

1. An investigation report (related to the date and time of crime and the date and time of crime).

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