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(영문) 전주지방법원 2014.06.10 2014고단387
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 4 through 23 shall be confiscated.

Reasons

Criminal facts

On February 20, 2013, the Defendant was sentenced to one year or two years of imprisonment with prison labor for special larceny, etc. in the Daegu District Court and racing support, and on February 28, 2013, the said judgment became final and conclusive and is still under suspension of execution.

At around 21:00 on November 19, 2013, the Defendant: (a) was in front of the 860-dong, Seojin-gu, Seojin-gu, Seojin-gu, Jindong-dong, and then, (b) was driven by the Defendant at the entrance door of the open gate, and parked a vehicle with C the vehicle with C the vehicle with C the vehicle above the fence, and entered the wall, and then cut it out of the open gate fence, the market price of which is equivalent to KRW 1.20,000,000, which is the victim’s ownership, located in the warehouse, and later, later cut it out of the open gate, and then loaded it on the vehicle parked as above.

In addition, from around this time to March 1, 2014, the Defendant stolen property by intrusioning on a structure managed by another person at night, such as the No. 1 to 4, 6, 7, and 9 in the list of crimes in the annexed list of crimes, and stolen property worth KRW 16 million in total market price by destroying a structure at night and impairing a structure managed by another person, such as the No. 5, 8, and 10 in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D and E;

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

1. Protocols and lists of police seizure, and evidential materials attached thereto;

1. Voluntary reports on special larceny suspects, criminal reports, each occurrence report, each investigation report, digital evidence analysis report, and evidential data attached thereto;

1. Each CCTV and each on-site photograph;

1. Previous convictions: Criminal records, investigation reports (verification of facts of crimes during the period during which a suspect is suspended from execution), case inquiries, and copies of written judgments;

1. Article 331 (1) of the Criminal Act (the point of each special larceny) and Article 330 of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Confiscation of the Criminal Act;

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