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(영문) 대구지방법원 2020.08.25 2020고단3330
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

A copy (No. 1) of seized phrases shall be confiscated.

Reasons

Punishment of the crime

[criminal record] On April 27, 1995, the defendant sentenced 8 months of the suspended sentence to 3 months of imprisonment with prison labor for the crime of larceny at the Daegu District Court; on May 1, 2003, the same court sentenced 8 months of imprisonment with prison labor for the crime of larceny at night; on February 15, 2006, the same court sentenced 10 months of imprisonment with prison labor for a special larceny; on January 17, 2007, the same court sentenced 10 months of imprisonment with prison labor for the same crime under the Special Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny); on May 16, 2008, 10 months of imprisonment with prison labor for the same crime at the Daegu District Court on July 10, 2009; on May 21, 2015, the imprisonment with prison labor for the same crime from the Daegu District Court on May 21, 2015 to 36 months of imprisonment with prison labor for the crime of larceny at night.

【Criminal Facts】

On June 15, 2020, at around 00:47-00:58, the Defendant cut off the cash amounting to KRW 100,000,00 (Chapter 15, 5, 6, 1,000,000), which was in possession of the victim C in Daegu-gu B and 2 B, “D” camera operated by the victim C, and was in possession of the phrase “D” joints by inserting it into the key hole of the said Kaffold, and went into the inside and did not correct.

As a result, the defendant was sentenced to imprisonment not less than three times with prison labor due to larceny, etc., and again intruded into another person's residence at night within three years after the execution of the sentence is terminated or exempted.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. CCTV closure photographs, investigation reports (where seized sites and photographs of seized articles are attached), photographs;

1. The list of seized articles, records of seizure and the list of seized articles;

1. Previous records: Criminal records, inquiry reports, investigation reports (the same kind of records as repeated crimes of the same kind), judgments, and application of Acts and subordinate statutes to the current status of confinement;

1. Criminal facts;

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