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(영문) 대구지방법원 2018.04.17 2018고합70
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for four years.

The seized co-rating locks (No. 4) and the color color mack (Evidence. 4).

Reasons

Punishment of the crime

【The Defendant was sentenced to imprisonment on July 28, 2004 with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Eastern District Court on February 28, 2004, 2 years and 6 months, 4 years, and 3 years and 8 months, and 2 years and 3 months from the Changwon District Court through the Changwon District Court on August 22, 2016, with prison labor for the same crime, and was sentenced on two or more occasions due to larceny, etc. at the Jinwon District Court on December 3, 2017.

(1) On December 31, 2017, the Defendant: (a) opened a boiler room at the victim F of the victim F of the 2nd E-2nd floor on December 31, 2017; and (b) intruded into the house, and stolen the property worth KRW 18270,000,000 in total, including one unit of the 18K string at the market price of KRW 4 million and one unit of the 18K string with the market price of KRW 2,000,000,000,000 from December 25, 2017 to January 4, 2018.

As a result, the Defendant was sentenced to punishment twice or more due to larceny, etc., and committed the larceny at night again during the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each statement of H, F, I, J, and K (victim);

1. Each internal investigation report (as regards attachment of field photographs (3 times a year), attachment of field photographs (9 times a year), dispatch situation of site and attachment of photographs, etc. (as regards the attachment of field photographs (12 times a year);

1. Each investigation report (as to the perusal of Lon-site CCTV, the tracking of suspects, the absence of CCTV at the scene of theft against the victim K, the attachment of seized articles and photographs on the same crime, the attachment of a report on the results of field identification and on-site identification photographs, the attachment of photographs, such as the entrance and the damaged storage place, the entrance and photograph of the suspect, the CCTV image of which the former suspect was recorded, and the CCTV inside the victim house.

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