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(영문) 대구지방법원 2017.10.12 2017고단3612
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On July 5, 2006, the Defendant was sentenced to three years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court on March 5, 2006, and two years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court on April 8, 201, and on February 7, 201, for robbery at the Daegu District Court on February 7, 2014, and for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny). The Defendant completed the execution of the sentence at the former District Court on September 29, 201

On June 22, 2017, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Daegu District Court, which became final and conclusive on October 11, 2017.

On November 19, 2016, from around 17:46 to 18:02 of the same day, the Defendant: (a) went in front of the “E” building where the victim D residing in Daegu-gu Seoul-gu (hereinafter “E”); (b) invaded into the house through a window not corrected by the second floor, which is the victim’s residence between the victim’s work on the first floor and the first floor; and (c) stolen the victim’s cash amounting to KRW 2,200,000,000 owned by the victim, which is kept in the living room and the inner west, and KRW 50,000,000,000,000 in the market price, KRW 5,000,00,000,00 won; (d) one half, five gold-month, five gold-free metals, five gold-free metals, and one for male clock, etc. with precious metal amounting to KRW 29,500,00.

Summary of Evidence

1. The defendant's legal statement (the third public trial date);

1. Written statements of D;

1. Each investigation report (in relation to damaged goods, on-site CCTV investigations, peripheral CCTV investigations, CCTV investigations, CCTV investigations for crime prevention, CCTV investigations for crime prevention, CCTV investigations for the long-distance-distance for the long time of sunset, the relationship between damaged goods, hearing statements from victims, and the value of damage).

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, each investigation report (the confirmation of the same criminal history, the personal confinement status, the previous convictions and results of the disposition);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning the crime;

1. The Criminal Act for aggravated repeated crimes.

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