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(영문) 대구지방법원서부지원 2020.09.24 2020고단2558
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

[Criminal Justice] On April 22, 2005, the Defendant was sentenced to six months of imprisonment with prison labor for the crime of larceny in night room and for the crime of attempted larceny at night, etc., on July 18, 2008, and was sentenced to four months of imprisonment with prison labor for the crime of attempted larceny at the Ulsan District Court on March 17, 2016, and was sentenced to one year and six months of imprisonment with prison labor for habitual night buildings at the Daegu District Court on March 17, 2016, and was sentenced to one year and six months of imprisonment with prison labor for habitual larceny at the Busan District Court on May 2, 2016; on November 24, 2016, the Changwon District Court sentenced two years of imprisonment with prison labor for habitual larceny at the Chang District Court on November 24, 2016; and on August 17, 2018, the Daegu District Court sentenced one year and six months of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc.

【Criminal Facts】

On June 26, 2020, at around 00:49, the Defendant 1 was a D restaurant operated by the victim C in Daegu Seo-gu B and the first floor of the Daegu Seo-gu, and opened several times by putting the knife of the corrected entrances and intrudes into the entrances, and 40,000 won in cash located in the front of the cooling house, 80,000 won in cash located in the front of the cooling house, and 480,000 won in cash located in the front of the cooling house, and stolen them. From that time to July 18, 2020, the Defendant attempted to commit an attempted crime without having any money or valuables by intrusioning the victims’ commercial buildings at night by the same method nine times in total, from that time, from that time until July 18, 2020.

Accordingly, the defendant was sentenced to imprisonment not less than three times due to larceny, etc., and again committed at night, intrusion upon residence, larceny, and attempted to commit it within the repeated crime period.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Each written statement of E, F, G, H, and I is subject to the investigation report (as to additional crimes involving a suspect D cafeteria and CCTV investigation), investigation report (as to attachment of photographs and photographs of the suspect's place of arrest), investigation report, and investigation report.

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