(영문) 대구지방법원 2013.12.13 2013고합511

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(영문) 대구지방법원 2013.12.13 2013고합511

특정범죄가중처벌등에관한법률위반(절도)

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A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On November 8, 2006, the Defendant was sentenced to imprisonment with prison labor for 10 months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., in the Daegu District Court on November 20, 2006 and one year for the same court on November 20, 2007; three years for the same court on February 13, 2009; one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; and the execution of the sentence was completed on August 27, 2013.

Criminal facts

1. On October 17, 2013, at around 05:10 on October 17, 2013, the Defendant intruded, through an open entrance of the Fmaz business place operated by the victim E in Yong-si, Yongcheon-si, and stolen KRW 200,000,000, which is the cash owned by the victim, from a credit cooperative located above the calculation unit.

2. On October 19, 2013, at the place indicated in the foregoing paragraph (1) around 04:55, the Defendant intruded into an open entrance to steal the cash contained in the said safe from a calculation unit with an open entrance. However, the Defendant did not commit an attempted crime, citing the closing and closing of the entrance, and did not go to the employees from the door.

As a result, the Defendant was sentenced to two or more penalties for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and again attempted to steal or steal the victim's goods within three years after the execution of the sentence was completed.

Summary of Evidence

1. Defendant's legal statement;

1. E’s statement of statement;

1. To attach photographs of CCTV for a crime subject to investigation reports, the re-Analysis and photographing of the suspect, and the attachment of CCTV photographs;

1. Records of previous judgments: Criminal records, etc. inquiry reports and investigation reports (Attachment of personal identification and confinement records, and attachment of relevant judgments);

1. Habituality of the holding: The application of the law to recognize the habition of larceny in light of the following: each of the criminal records, the number of crimes, the number of criminal records, and the same criminal records, which led to each of the crimes of this case within a short time after the execution of the sentence is completed.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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