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(영문) 대구지방법원 포항지원 2015.06.24 2015재고단8
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On November 5, 2003, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Jung-gu District Court Goyang Branch of the Seoul Western District Court on June 17, 2004, and was sentenced to a fine of two million won for attempted larceny at the Daegu District Court on August 24, 2009. On October 9, 2009, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) and three years of suspended execution. On April 5, 2011, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seocho District Court of Seoul Western District on April 5, 201, and completed the execution of the sentence at the Ansan Prison on October 25, 2013.

From February 15, 2014 to February 18, 2014, at Diplomatic Association located in Northern-gu, North Korea, at the port of port, the Defendant entered a towing distribution through an unrecepted entrance, and collected a flag (up to approximately 1m in length, and up to the end, up to 100,000 won in cash) that was prepared in advance in the Hun-gu, managed by the victim E, the Defendant attempted to make a total of 12 times from October 2013 to February 18, 2014 in the same manner as indicated in the attached List of Crimes. However, even though the Defendant did not make a contribution, the Defendant did not have any attempted to make a donation.

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

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

1. Police seizure records;

1. Data on communications and correspondence;

1. Each photograph (investigative records, 35, 38, 41, 46, 51, 54, 58, 61, 65, 68 pages);

1. Previous convictions in judgment: Criminal records and investigation reports (verification of attachment of written judgments and date of completion of execution of punishment, etc.);

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

1. Relevant Articles 332, 329, and 342 of the Criminal Act concerning criminal facts (the point of habitual larceny).

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