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Reasons
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(영문) 대전지방법원 천안지원 2018.05.02 2018고합41
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for five years.

Seized evidence 1 to 31 shall be confiscated.

Seized evidence 32,33,58,77.

Reasons

Punishment of the crime

[criminal record] On January 24, 2007, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Suwon District Court on October 10, 2009, and completed the execution of the sentence. On January 28, 2011, the Ulsan District Court sentenced two years of imprisonment with prison labor for the same crime and completed the sentence on September 26, 2012. On January 26, 2017, the Changwon District Court sentenced three years of imprisonment with prison labor for habitual special larceny and completed the execution of the sentence on April 17, 2017.

[2] On February 8, 2018, at around 19:00 on February 8, 2018, at the house where the victim D was living in Seo-gu, Seo-gu, Seo-gu, 105, 303, the Defendant habitually opened and intruded the victim’s outer cret cret, and 2, Damond-ro 1, Damond 2, Damond 1, Dam 9.3 million won with a total market price of 33 billion won from December 22, 2017 to February 27, 2018, the Defendant did not receive any attempted money from the victim with cash and precious metal owned by the victim and the market price of 2,71,710 million won or more over 333 times, as indicated in the attached list of crimes.

As a result, the defendant was sentenced to two or more penalties due to larceny, etc., and again committed the crime of intrusion upon residence at night, larceny, or intrusion upon residence at night over 33 times within 3 years after the execution of the sentence is completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Each police statement made to F and G;

1. Each written statement of D, H, I, K, K, M, M, N, P, Q, R, T, U, V, W, X,Y, Z, AAB, AC, AE, AE, AF, AH, AH, AI, AJ, AK, and AL;

1. A report on the results of on-site photographs, CCTV photographs, and on-site identification;

1. Records of seizure, lists of seizure, photographs of the site of seizure and photographs of seized articles;

1. Previous conviction: A reply to inquiry, such as criminal history, the current status of personal expropriation, copy of the judgment, and the result of inquiry of the case;

1. Habituality in the holding: Each criminal history and crime in the holding.

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