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(영문) 대구지방법원 서부지원 2017.08.10 2017고합96
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

On February 16, 1996, the Defendant was sentenced to imprisonment for two years and six months, with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, on July 23, 2004, with prison labor for a night structure intrusion larceny at the Chuncheon District Court on April 14, 2005, six months, with prison labor for an attempt of intrusion upon a night structure at the Daegu District Court on April 14, 2005, two months, with prison labor for an attempt of larceny upon a night structure at the Daegu District Court on August 26, 2005; four years, with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court at the same time on May 14, 2009; and on December 24, 2014, with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes from the Daegu District Court at the same time on December 24, 2014.

In order to raise living expenses, the Defendant had intruded into a restaurant where the windows were not properly corrected at the night, and had a mind to steal cash, etc.

On May 21, 2017, at around 01:50, the Defendant: (a) committed a theft of KRW 725,000, total market value by the following methods during five times from around the time to May 28, 2017: (b) the Defendant: (c) opened a main window not corrected in the said restaurant by leaving his/her business after the victim’s retirement; (d) invaded into a small credit cooperative located in the calculation unit; and (e) took away 50,000, the victim’s KRW 725,000,00 in total, as described in the list of crimes, from around five occasions.

As a result, the defendant was sentenced twice or more to habitually intruded on a structure at night, theft, etc., and the execution of the sentence is completed, and he habitually committed larceny against a structure at night within three years after the execution of the sentence is completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

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

1. Each protocol of seizure and the list of seizure;

1. A previous conviction: A written inquiry, such as criminal history, shall be made;

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