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(영문) 대구지방법원 경주지원 2017.12.20 2017고단743
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence 7 shall be confiscated.

Reasons

Punishment of the crime

[criminal record] The Defendant was sentenced to a suspended sentence of one year and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the Daegu District Court and racing support on October 23, 2002, and was sentenced to a suspended sentence of two years for the same crime from the same support on April 14, 2004, and was sentenced to one year for the same crime from the same support on November 24, 2008, and was sentenced to three years for imprisonment with prison labor for the same crime from the same support on December 17, 2010, and attempted special larceny in the same support on September 8, 2016, and was sentenced to one year for an attempt of special larceny, etc. from the same support on August 8, 2017 to the prison on August 8, 2017.

[Criminal facts] On September 8, 2017, the Defendant: (a) opened a “D” restaurant located in Sejong-si on September 8, 2017; (b) opened a favorable window that was not corrected; and (c) intruded into the said restaurant, and (d) removed KRW 20,000 from the bane located therein.

In addition, from around that time to October 18, 2017, the victim invaded another's structure by destroying door at night, such as the list of crimes in attached Form No. 1,691,00 won in cash, etc. owned by the victims, and subsequently attempted to steal or steals the total amount of KRW 1,691,00 in cash, etc. owned by the victims.

As a result, the defendant was sentenced to imprisonment not less than three times with prison labor for the larceny crime, and again attempted to steals or steals another's property even during the repeated crime period.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

1. Each statement of H, I, J, K, L, and M;

1. The CDs in each field photograph, each protocol of seizure, each list of seizure, investigation report (verification and attachment of the report on the dispatch of the Es won), and photographs, maps photographs, and CCTV images, by cutting down CCTV images;

1. Previous convictions in judgment: Application of the results of inquiry, such as criminal history records, and criminal investigation reports (the rate of criminal suspects, criminal records of larceny and criminal name reports)-related Acts and subordinate statutes;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 330, Article 331 (1), and Article 342 of the Criminal Act concerning the crime committed;

1. Article 35 of the Criminal Act for aggravated repeated crimes.

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