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(영문) 대구지방법원 김천지원 2020.06.04 2020고단604
특정범죄가중처벌등에관한법률위반(절도)등
Text

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

An application for remedy by an applicant for remedy shall be dismissed.

Reasons

Punishment of the crime

[criminal power] On December 27, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Daegu District Court, and was sentenced to four months of imprisonment with prison labor for larceny in the Daegu District Court Kimcheon Branch on August 8, 2013 during the probation period, and the judgment became final and conclusive on October 15, 2013. On April 2, 2015, the above probation was invalidated. On July 20, 2017, the Defendant was sentenced to one year and six months of imprisonment with prison labor for habitual larceny, etc. at the Daegu District Court, and was sentenced to one year and ten months of imprisonment with prison labor for larceny, etc. at the Daegu District Court on July 20, 2017. On January 23, 2019, the Defendant was sentenced to one year and two months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daegu District Court on February 1, 20.

【Criminal Facts】

On February 20, 2020, the Defendant released him from prisons of North Korea on February 20, 2020, and was in short of living expenses, and had no person enter a house with no person to steal things.

around 10:00 at the end of March 2020, the Defendant: (a) opened a string door door and intruded into the house by using the gap of the victim’s house; (b) committed a theft with one wall in an amount of KRW 50,000,000,000,000 in cash owned by the victim; (c) a credit card 3 and a driver’s license 1; and (d) invaded into the house of the victims by the same method five times in total from the above date to the beginning of April 2020; and (d) stolen or attempted property in an aggregate of KRW 7,845,000,00 in the market price owned by the victims, as described in the list of crimes.

Accordingly, the defendant intrudes upon the victims' residence, was sentenced to imprisonment more than three times with prison labor due to larceny, and again committed the crime of larceny and larceny within three years after the execution of the sentence is completed.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Each of D, G, H, and I.

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