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(영문) 인천지방법원 2017.10.26 2017고단6876
특정범죄가중처벌등에관한법률위반(절도)등
Text

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

Seized evidence No. 5 shall be forfeited from the defendant.

Reasons

Punishment of the crime

[Attachment, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daejeon District Court on April 4, 2008, and was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Incheon District Court’s Branch Branch on May 12, 201, and on June 19, 2014, the Daejeon District Court sentenced the Defendant to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Daejeon District Court on April 29, 201 and completed the execution of the sentence at the Daejeon District Court on April 29, 2017.

[2] On August 29, 2017, the Defendant: (a) using 01:10 on August 29, 2017, he/she extracted no No. 570,000 won in cash contained in the safe by scambling the locking device of the market price by cutting off the locking device of the victim’s D operation in Daejeon-gu, Daejeon-gu, Daejeon-gu; and (b) destroying and impairing the locking device to cover repair costs in the market price.

L. From the above day to September 14, 2017, the victims stolen property worth KRW 2.685,000,000 from the market price of the victims on eight occasions, as shown in the list of crimes committed in the attached Table, such as theft.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

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

1. CCTV photographs, CCTV photographs for escape routes, and each CCTV image;

1. Photographs of the seizure site, records of seizure, list of seizure, data during one hour a day, and official photographs of each site;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, confirmation of the same history and period of repeated crime, personal confinement status, and application of each written judgment statute;

1. Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the relevant criminal facts and Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the choice of punishment, Article 329 of the Criminal Act (abstinence), Articles 5-4(5)1 and 331(1) (a) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 331(1) (a) of the Criminal Act, Article 366 of the Criminal Act, Article 31 of the Criminal Act (abstinance, selection of imprisonment with labor), Article 319(1) (a) of the Criminal Act (a selection of imprisonment with labor)

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

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