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(영문) 대구지방법원 2016.09.30 2016고합401
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

[criminal history] On February 5, 2010, the Defendant was sentenced to three years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Suwon District Court on September 5, 2013, and was sentenced to three years of imprisonment with prison labor for the same crime at the Seoul Western District Court on September 5, 2013, and the execution of the sentence was completed on April 6, 2016, the same criminal history is ten times in total.

[2] On June 22, 2016, at around 03:50, the Defendant: (a) committed a cafeteria operated by the victim D in Daegu-gu Dong-gu, Daegu-gu, with a 200,000 won in cash owned by the victim during the payment period for the gold transfer; and (b) destroyed and damaged the entrance door of the above cafeteria by shouldering it; and (c) invaded into the surrounding area; and (d) stolen it with the victim’s 2

In addition, from June 22, 2016 to June 29, 2016, the Defendant habitually stolen property worth KRW 685,000 in total seven times in total, as indicated in the list of crimes in the attached Table, and committed eight attempted crimes on the wind without any object to be stolen.

As a result, the defendant was sentenced twice or more to the crime as provided in Article 331 of the Criminal Act or the attempted crime, and again committed the crime as provided in Article 331 of the Criminal Act and the attempted crime again within three years after the execution of the sentence is completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Each statement of D, H, I, J, K, L, M, N,O, P, Q, R and S;

1. A protocol of seizure and a list of seizure;

1. Each investigation report (to attach photographs of glass windows damaged to T cafeterias, such as confirmation of the suspect's moving route and violence, attachment of CCTV photographs, CCTV identity vindication and photograph, attachment of screen pictures, attachment of screen pictures, attachment of seized objects, confirmation of the victim, identity of the suspect and identity of the victim, attachment of a report as a result of field identification, attachment of a report, etc.);

1. Each internal report (Attachment of field photographs of a cafeteria, attachment of V cafeterias, attachment of CCTV photographs on the cafeterias of U cafeterias, attachment of CCTV photographs on the suspect, attachment of CCTV photographs on a T cafeterias);

1. A report on the results of field identification;

1. Notification of the result of fingerprint appraisal at crime scene, results of fingerprinting, DNA identification information data search results, etc.;

1. Eight copies of on-site photographs and photographs;

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