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(영문) 대전지방법원 2016.07.07 2016고합74
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

On September 19, 2001, the Defendant was sentenced to two years of imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on April 22, 2004, two years of imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Northern District Court on April 22, 2004, and three years of imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul East District Court on October 25, 2006, and the execution of the final sentence was terminated on September 11, 2009.

On January 12, 2016, between 09:00 and 10:00 on January 14, 2016, the Defendant: (a) opened a gate in Sejong Special Self-Governing City C victim’s house located in Sejong Special Self-Governing City; (b) opened a door where an apartment house was not corrected and confirmed the fact; and (c) opened a door where an apartment house was not corrected in mind to steal the property; and (d) committed a theft with an envelope containing KRW 1.3 million in cash owned by the victim located in the inside of the house, from June 4, 2011 to February 24, 2016; and (e) invaded the victim’s house over 57 occasions as indicated in the list of crimes in the attached Form of Crimes, and stolen the victims’ property or attempted to steals the victim’s property; and (e) committed a theft with the victim’s total amount of KRW 684,201,60,61.

Summary of Evidence

1. Statement by the defendant in court;

1. Copies of the police statements made to E and F, and those made by the police statements to G;

1. Each written statement of H, D, I, J, K, L, M, M, N, P, Q, R, T, U, V, W, X, Y, Z, AB, AC, AD, AE, AF, AH, AH, AI, AJ, AJ, AJ, AK, AK, AM, AM, AP, AP, AP, AS, ATS, AS, AV, AV, AW, AY, AY, Az, B, B, B, B, B, B, BG, B;

1. On-site photographing photographs, photographs of buried CCTV taken by the victim for sale, photographs of damaged articles (computers), site forest photographs, photographs of the victim, photographs of the scene of the crime, photographs of the victim's residence, on-site photographs, photographs of the victim, on-site photographs, theft scene photographs, and evidence photographs;

1. Protocols of seizure;

1. A report of internal investigation (the content of the BJ search), a report of internal investigation (related to the attachment of photographs);

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