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(영문) 대구지방법원 포항지원 2018.03.21 2017고단1490
특정범죄가중처벌등에관한법률위반(절도)등
Text

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

Reasons

Punishment of the crime

On July 14, 2011, the Defendant was sentenced to six months of imprisonment due to larceny, intrusion upon residence, etc., and was sentenced to six months of imprisonment with prison labor at the Seoul Western District Court on June 14, 2012. On August 13, 2015, the Defendant was sentenced to two years and six months of imprisonment with prison labor due to larceny, etc. at the port branch of the Daegu District Court on August 13, 2015, and was released from the port branch on August 28, 2017.

On November 10, 2017, the Defendant: (a) around 01:00, the victim D (E) located in Northern-gu C at the port of port at the port of port; (b) opened a freezing entrance with a click door and intruded into the door, and stolen it with a cash of 50,000 won in the stuff.

From that time until November 20, 2017, the Defendant: (a) stolen another’s property by habitually impairing another’s structure at night, or by taking away another’s property at night, or by taking other’s property at night, such as at least 10 and 12 times as indicated in attached Table No. 10 and attached Table No. 12; (b) steals another’s property through intrusion on another’s structure during the day; (c) steals another’s property as indicated in attached Table Nos. 11 and 13; or (d) steals another’s property by carrying a deadly weapon, such as at least 13 times as indicated in attached Table No. 113.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each CCTV photograph and on-site photograph;

1. Previous convictions: A reply to inquiries, such as criminal history, investigation report (the fact that the crime is committed during the period of repeated crime and attachment of the same kind of judgments, and confirmation of the records of the same crime);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crime has been committed in a planned and organized manner;

1. Relevant provisions of the Criminal Act and Articles 332, 329, 330, 331(2) and 331(1) of the Criminal Act concerning criminal facts (the point of habitual larceny and the choice of imprisonment), and the Criminal Act concerning the choice of punishment.

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