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(영문) 대전지방법원 천안지원 2017.07.19 2017고합73
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[2] On November 8, 200, the Defendant was sentenced to imprisonment for one year with prison labor for larceny at the Seoul Eastern District Court for two years, 10 months from the imprisonment with prison labor for night building intrusion larceny at the Daegu District Court on August 10, 2004, and 1 year and six months from the imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul East Eastern District Court on July 7, 2005, and 1 year and six months from the Ulsan District Court on July 20, 2007 for the same crime at the Ulsan District Court's Branch on February 5, 2009 and three years from the imprisonment with prison labor for three years from the Seoul Eastern District Court on March 28, 2012, and the execution of the punishment with prison labor for three years from the Daegu District Court on April 23, 2015 to the 16th 196th 20.

[2] On April 6, 2017, at around 23:30 on April 6, 2017, the Defendant: (a) was habitually in a restaurant operated by the victim D in Gangdong-gu Seoul Metropolitan Government; (b) opened a rear window without correction; and (c) intruded inside the restaurant; and (d) collected 2,000 won in cash, which is owned by the victim, within the payment period for cash withdrawal in the restaurant.

In addition, from around that time to April 9, 2017, the victims' property was stolen or attempted to steals five times in total, such as the list of crimes in the annexed crime list.

Thus, even though the defendant was sentenced two or more times to habitually larceny, he/she again committed the crime of larceny in night structures and the crime of attempted larceny in night structures again during the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, G, H, I, and D;

1. Each report (Evidence List 1, 4, 30 Nos. 1, 4, and 30), each investigation report (verification of such crimes and attachment of documents, attachment of documentary records, accompanying of documentary records of shots, accompanying of documentary records of shots, and accompanying of documentary records), internal investigation reports (victims and internal investigation reports at the scene of occurrence);

1. On-site reports on results of field identification and present state of increased water;

1. Photographss, on-sites, and CCTV photographs, on-site photographs, CCTV images, and on-site photographs, at the scene of the crime;

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