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(영문) 대구지방법원 2012.11.30 2012고합775
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

The Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in a port branch of the Daegu District Court on July 24, 2003; on November 9, 2006, the Daegu District Court sentenced ten months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; and on February 19, 2008, 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 Ulsan District Court on February 19, 2008 and completed the execution of the sentence on August 22, 2010.

When the defendant lacks the ability to discern things or make decisions due to his mental retardation, the defendant habitually lacks the ability to discern things;

1. Around 06:30 on June 27, 201, the victim D Co., Ltd. located in Southern-gu C entered the said company to steal money and valuables from the victim D Co., Ltd. located in Nam-gu, and subsequently, intended to have the office entrance door opened by force using the wooden boards located in the nearby office and to steals money and valuables located therein. However, the police officers’ warning devices of the security company’s theft prevention devices attached to the above office door failed to bring away to the same effect and attempted to commit so.

2. On July 201, 201, 70,000 won in cash located adjacent to the above victim’s wall located adjacent to the south-gu E, South-gu, through an unlocked door from the victim F’s house at the south-gu, Nam-gu, and at the same time, was stolen by taking out 70,000 won in cash located adjacent to the above victim’s wall located adjacent to the victim;

3. At around 15:00 on October 26, 201, the said victim F’s house opened a locked door by using the keys possessed before the said victim F’s house, and entered the door, and thefted them with a b85,000 won in cash located on the wall belonging to the said victim’s wall located on the part of the said victim’s wall, and with a swine storage equivalent to KRW 100,000 in cash located on the wall belonging to the said victim’s bank.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. With respect to statements pertaining to damaged articles of each police investigation report:

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