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(영문) 대구지방법원 의성지원 2021.02.18 2021고단5
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

A seizure shall be confiscated (No. 2) per omitted.

Reasons

Punishment of the crime

On July 16, 2012, the Defendant was sentenced to three years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jeonju District Court. On July 17, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for habitual special larceny in the wooden Branch of the Gwangju District Court on July 17, 2015. On November 14, 2017, the Daejeon District Court was sentenced to three years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the Hongsung Branch Branch of the Daejeon District Court on June 16, 2020. On September 25, 2020, the judgment became final and conclusive on September 29, 2020.

1. Around June 28, 2020: around 02:13, the Defendant committed the crime against the victim B, at a pharmacy operated by the victim B in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, by destroying and damaging the entrance, which was prepared in advance, and then intrusion upon the entrance, and then taking about about KRW 20,000, approximately KRW 20, KRW 1,000, KRW 500, KRW 500, KRW 40, KRW 500, KRW 500, KRW 140, and KRW 50,000, KRW 140. Accordingly, even if the Defendant was sentenced to imprisonment more than three times due to larceny, etc., he again committed special larceny during the period of repeated crime.

2. On June 28, 2020, the Defendant, at around 02:3, 202: (a) in G operated jointly by the victim D and the victim E, the Defendant invadedd by the above method, and committed a theft, resulting in cash worth worth KRW 10,000, KRW 1280, KRW 420,000, KRW 10,000, KRW 1280, and KRW 4.2 million. Accordingly, the Defendant, even if he was sentenced to imprisonment more than three times due to larceny, etc., he again committed special larceny during the period of repeated offense.

Summary of Evidence

1. Court statements made by the defendant in relation to D or B by each police;

1. On-site photographs of the statements D and B, on-site identification reports, field photographs (to take photographs of metropolitan scientific investigation teams), investigation reports (to verify additional CCTVs related to the suspect G crimes), investigation reports (to be taken by the victim); and investigation reports (to be taken by the victim);

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