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(영문) 대구지방법원 2017.07.21 2017고합257
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[2] On June 18, 2010, the Defendant was sentenced to a suspended sentence of one year and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Incheon District Court’s Branch, and the judgment became final and conclusive on June 26, 2010, but the sentence of the suspended sentence was revoked on February 24, 201. On April 13, 2011, the Defendant was sentenced to two years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Southern District Court’s Southern District Court, and was released on November 29, 2013 during the execution of the sentence and passed on April 21, 2014; on January 20, 2015, the Defendant was sentenced to imprisonment with prison labor for a period of two years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and was habitually sentenced to imprisonment with prison labor on March 28, 2015.

[2] On February 11, 2017, at around 01:40 on February 11, 2017, the Defendant: (a) at the E main point of the victim D’s operation in Mapopo-si, Mapo-si; (b) the Defendant: (c) sent a fire alarm at the place; and (d) took off items worth KRW 21,336,000, total market price of the victim’s possession, including KRW 235,000,00, in cash located in the air room above the Kapo-si; and (c) stolen them from that time to June 4, 2017, as indicated in the list of crimes in attached Form 22.

As a result, the defendant was sentenced twice or more to larceny, etc., and habitually commits larceny within three years after the execution of the sentence is completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Written statements of H, D, I, J, K, L, M, N,O, P, Q, M, T, U, V, W, X, Y, and Z;

1. Each investigation report (victimY, each telephone statement, evidence list Nos. 15,16) and investigation report (CCTV reading and evidence list Nos. 41);

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