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(영문) 대전지방법원 2017.03.16 2017고합21
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[Criminal history] The defendant was sentenced to imprisonment with prison labor for one year and six months at the Daejeon District Court on December 26, 2007 for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; two years for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the same court on September 1, 2010; three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the same court on August 31, 2012; eight months for a crime of habitual larceny at the same court on August 28, 2015; and on September 4, 2016.

5. On October 23, 2016, the same court was sentenced to eight months of imprisonment for larceny, etc. and completed the execution of the final sentence in the Ganpo prison on October 23, 2016

[2] On November 19, 2016, around 10:57, the Defendant discovered that the door of the vehicle owned by the victim D was not corrected in the front parking lot of Daejeon Jung-gu, Daejeon, Daejeon, the Defendant opened a door and stolen one half of the amount of cash 48,000 won, and one half of the amount of cash 150,000 won.

In addition, from that time to December 22, 2016, the Defendant stolen property equivalent to KRW 1,918,000 in total from vehicles not corrected in the same manner six times in total, as indicated in the list of crimes in the attached Table, or did not commit an attempted crime without being discovered of the victim among the physical coloring tools of property.

As a result, the defendant committed larceny and attempted larceny again within three years after he/she was sentenced twice or more to be sentenced to punishment for larceny.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of F, D, G, H, and I;

1. Arrest reports on the suspect who has attempted to larceny, reports on each occurrence of the theft, reports on internal investigation (CCTV-related) and reports on each investigation (investigations including attachment of statements made by the victim E, possession of the suspect, CCTV analysis, and attachment of CDs);

1. Each photograph (the scene of the crime, photograph of the damaged vehicle, photograph of the defendant's belongings, photograph of the suspect at the time of arrest, photograph of the suspect in the condition of arrest, photograph of the victim's photograph, damaged article photograph, and damaged article;

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