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(영문) 대구지방법원 서부지원 2015.04.17 2014고단1687
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 or 2 shall be forfeited from the accused.

Reasons

Punishment of the crime

On July 9, 2013, the Defendant was sentenced to 8 months of imprisonment with prison labor for night-time intrusion larceny at the Daegu District Court on July 9, 2013, and on December 5, 2013, the same military force has been exceeded five times in addition to the completion of the execution of the sentence in the Daegu Prison.

1. On July 23, 2014, at around 04:07, the Defendant prepared in advance a “G” restaurant operated by the Victim F in Seo-gu Seoul Metropolitan City, Seo-gu, and opened a back door which is corrected by putting the dracker ( length: 40cm) into the dracks and opened the back door in the dracks, and had approximately 200,000 won of cash, which is the victim’s possession stored in the kracks depository.

In addition, the Defendant, from around that time to October 26, 2014, attempted to steal or steal money and valuables equivalent to KRW 5,910,000 in total of the market price by the same method nine times, as indicated in the annexed crime sight table, from around that time to around December 26, 2014.

2. On September 19, 2014, at around 06:00, the Defendant came to a restaurant operated by the victim I of the “J” in Daegu Suwon-gu H, and then removed a locking device by putting the cresh in the window crepans of the following parts of the building by using the drone (40cm in length: 40cm) that was prepared in advance, and applied a stolen object into the restaurant. However, the Defendant did not have stolen objects and thus did not commit attempted crimes.

3. On October 11, 2014, at around 00:47, the Defendant: (a) released a locking device in a way to fill in the gap of windows by using drackers prepared in advance at “M” coffee shop operated by the victim L in Daegu-gu, Daegu-gu; and (b) entered the said coffee shop, and carried approximately KRW 1.50,000 won of cash owned by the victim in the instant coffee shop.

As above, the Defendant habitually stolen or attempted to steal the victims’ goods.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement of N,O, P, and Q;

1. C, R, F, S, T, U,V, I, and L respective statements;

1. Records of seizure and the list of seizure;

1. Previous records of judgment: Criminal records, etc.;

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