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(영문) 대전지방법원 공주지원 2006.11.17 2006고단92
특정범죄가중처벌등에관한법률위반(절도)
Text

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

204 days of detention before this judgment is rendered shall be included in the above sentence.

Reasons

Punishment of the crime

On November 1, 2004, the defendant was sentenced to a suspended sentence of 8 months of imprisonment with prison labor at the Busan District Court for larceny and was sentenced to a suspended sentence of 2 years on November 9, 2004 and was in nine times of the same kind of power in addition to the above judgment, and habitually;

1. On December 14, 2005, around 12:10 on December 12:10, 2005, the victim E and F, a vice head of the above D D store located in the Gunsan-si, who purchased the monitors of the BD computer within the store, cut off one sheet of the victim’s inner money containing KRW 910,000,000 in cash owned by the victim, which was placed in the front of the BD computer display room in a creb of the victim’s monitoring negligence in order for the victim to locate the place to locate the goods;

2. On April 15, 2006, around 12:48, 2006, in the first store operated by G Victim H located in the public city, using the gaps in which surveillance was neglected, the sum of the market value of Samsung Nowon-gu Computer, Inc., which was 3,980,000 won in the display stand, was cut down and stolen.

Summary of Evidence

1. Defendant's legal statement;

1. Statements made by the accused corresponding thereto in the first trial records;

1. Each statement of the E, F, and H in the preparation of an assistant judicial police officer;

1. A report on damage, a quotation, and each sstimul (CCTV) photograph;

1. Previous convictions in judgment: Criminal records and investigation reports (the attachment of a written judgment and report on the results of confirmation before and after the disposition);

1. Habituality of the judgment: The defendant has been convicted of larceny of the first head of the judgment in question; the defendant was punished by a fine by taking two times during the suspension period; the defendant committed the larceny of this case again within the short period; and he committed the larceny of this case again within the short period; and theft of other cash and electronic equipment in which the method and object of the theft of this case are crepits the monitoring negligence of store employees; and

In light of the records of the defendant, the frequency of the crime, the period of the crime, the method of the crime, the object of the crime, etc., the defendant can be recognized as habitually.

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