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(영문) 대구지방법원 안동지원 2016.02.05 2016고단5
상습특수절도
Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.

During the period of seizure, seizure and gymmetrics (official approval, ...).

Reasons

Punishment of the crime

Defendant

A on January 22, 2010, at the Daegu District Court sentenced a four-year imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and completed the execution of the sentence in the Port Prison on October 11, 2013.

The Defendants, using the fact that there are many households, such as the husband and wife, with a lot of houses in a newly-built loan or apartment house, were easily confirmed whether the Defendants were absent, was trying to steals money and valuables, such as precious metals, by making it easy to commit a crime.

On November 25, 2015, the Defendants: (a) reported the gap between the victim E-rayed from around 19:00 to around 202, around 19:00 to around 202, and (b) reported to the network by the Defendant B while possessing electricity within the Franzed vehicle; and (c) Defendant A, after entering the apartment, was in the house through a string window where the gas pipe was laid on the apartment, into the house, and then was in the head of the insidewest, and entered into the house, one half of the rabbbbet, one gold cover, one gold cover, and one gold field, with approximately KRW 16 million in market price, from October 6, 2015 to December 3, 2015; and (d) attempted to steal money and valuables from around 200,000 won to around 30,000 won in total, or attempted to steal from around 7, 2015 to December 3, 2015.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of the police statement related to G;

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

1. A report on the results of field identification (Nos. 2, 4 through 9 on the list of crimes);

1. Each protocol of seizure;

1. Previous convictions indicated in the judgment: A written reply to inquiries, such as criminal history (defendant A), investigation reports (Attachment to the current status of the previous convictions and personal identifications);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of crimes, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned manner;

1. Articles 332, 331 (2) and 331 (1) of the Criminal Act concerning the facts constituting an offense;

1. A aggravated defendant for a repeated crime: Article 35 of the Criminal Act;

1. Article 48(1)1 of the Criminal Act of confiscation No. 1.

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