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(영문) 의정부지방법원 2013.04.16 2012고단2956
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

A seizure list of one emergency rails (No. 3 of the seizure list) and one Tanger.

Reasons

Punishment of the crime

On January 26, 1972, the defendant was sentenced to imprisonment with prison labor for habitual special larceny at the Busan District Court on November 22, 1973; imprisonment with prison labor for one year and six months at the Busan District Court on November 22, 1973; imprisonment with prison labor for night intrusion larceny at the Busan District Court on March 20, 197; imprisonment with prison labor for two years at the Seoul Central District Court on September 5, 1978; imprisonment with prison labor for larceny at the Seoul Western District Court on June 5, 2009; imprisonment with prison labor for two years at the Seoul Western District Court on January 31, 201; and the execution of the final sentence in a governmental prison on January 31, 201; and

1. On October 20, 2012, at the Government-Si around 19:09, the victim F in the first floor E, and then cut off and intruded with a cutting machine by preparing a crime prevention window installed on the said window, making it possible to do so, and then, the victim-owned in the inside of the boundary of the bank, with two gold booms, two half half paper, one half paper, and five half gals worth a total of 1.7 million won, respectively;

2. From around 15:00 on August 11, 2012 to 23:00 on the same day, the victim H was prepared to commit a crime prevention window installed in the house windows G 102 during the period from August 11, 2012, and cut off by using a cutting device and intruded into the body, and tried to steal the victim’s own property, but the intention was not achieved, but was not achieved.

Summary of Evidence

[Fact 1]

1. Defendant's legal statement;

1. The police statement concerning F;

1. On-site photographs (the 43 pages of investigation records);

1. Ctv screen pictures;

1. Police seizure report (the fact of Article 2 at the time of sale);

1. A H statement;

1. On-site chief executive officer (No. 482 pages of investigation records), field photo (No. 484 pages of investigation records), location data of the base station of the suspect's mobile phone (No. 485 pages of investigation records), map of the suspect and his/her residence, and location of the base station (Investigation records No. 486 pages of investigation records);

1. Report on a request for appraisal (which refers to the report on investigation records No. 734), investigation report (which refers to the report on the results of electronic appraisal);

1. Police seizure records (pre-trial records);

1. Criminal history records, reply reports (A) and the attachment of written judgments;

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