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(영문) 대구지방법원 2017.11.03 2017고합405
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendant shall be punished by imprisonment for not less than three years and six months.

One class of the seized hand, etc. (No. 6) shall be confiscated.

Reasons

Punishment of the crime

[criminal history] On December 11, 2009, the Defendant was sentenced to imprisonment for three years and six months with labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court. On October 4, 2013, the Defendant was sentenced to imprisonment with labor for the same crime, etc. at the Daegu District Court racing support and completed the execution of the sentence in the lawsuit of the first intersection of North Korean Branch on July 13, 2017.

[2] On July 14, 2017, at around 02:00, the Defendant: (a) opened a cafeteria operated by the victim D in Yongcheon-si, Youngcheon-si; (b) intruded into the cafeteria; (c) had cash of KRW 300,000,000, which is the victim’s possession in the table of the crime; and (d) stolen or attempted the damaged goods worth approximately KRW 1,446,50 on 15 occasions in total, as indicated in the table of the crime in the attached list of crimes.

As a result, the defendant was sentenced to punishment twice or more due to larceny, etc., and again stolen another person's property or attempted another person's property within three years after the execution of punishment was terminated or exempted.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, H, and I;

1. Each statement of J, K, L, M (Evidence No. 41), N,O, P, D, Q, M (Evidence No. 70), and R;

1. A protocol of seizure and a list of seizure;

1. An investigation report (Attachment of a photograph of seized articles, No. 14), internal investigation report (Article 27), internal investigation report (Article 29 of the evidence list), internal investigation report (Attachment of a photo of a reading center at the scene of damage, attachment of a photo of a reading room at the scene of damage), investigation report (Article 29 of the evidence list), list 40 of evidence list), internal investigation report (Article 77 of the evidence list as to CCTV images related to a suspected suspect), internal investigation report (Article 77 of the evidence list), internal investigation report (Article 85 of the evidence list), internal investigation report (Article 89 of the evidence list), internal investigation report (Article 14 of the evidence list), internal investigation report (Article 14 of the evidence list)

1. Report on the results of field identification (Evidence Nos. 4, 21, 32, 34, 36, 57) and on-site photographs (Evidence Nos. 5, 19, 28, 33, 37, 53, and 58 of the evidence list), report on the occurrence of the thief (Evidence No. 52), and report on the occurrence of the thief (Additional Evidence No. 1).

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