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(영문) 대구지방법원 2018.01.18 2017고단6763
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 to 5 shall be confiscated.

Reasons

Punishment of the crime

[criminal history] On November 14, 2013, the Defendant was sentenced to imprisonment with prison labor for 8 months in the Daegu District Court for an attempt of special larceny; imprisonment with prison labor for 6 months in the Daegu District Court on November 21, 2014; imprisonment with prison labor for special larceny; imprisonment with prison labor for 1 year in the Daegu District Court for habitual special larceny; and imprisonment with prison labor for 1 year in the Daegu District Court on January 7, 2016; and imprisonment with prison labor for 3 times or more due to larceny, etc. in the Daegu District Court on November 29, 2016.

[2] On November 12, 2017, at the “E” store operated by the victim D in Daegu-gu, Daegu-gu, the Defendant: (a) destroyed the locking system by milching the locking system of the entrance with the date thrower; and (b) invaded into the locking unit; and (c) invaded into the locking unit.

A theft was committed with a face value of KRW 1,000,000.

In addition, from around that time to November 21, 2017, the Defendant did not commit a total of 10 times, as indicated in the list of crimes committed in the attached Table, and did not commit an attempted crime by theft of cash, etc. equivalent to KRW 387,50,00 in total, or by destroying and damaging the door of a structure or by intrusion upon a structure at night.

As a result, the Defendant was sentenced to imprisonment with prison labor or heavier punishment three times or more due to larceny, and again committed the crime of larceny at night during the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement in the preparation of G, H, I, D, J, K, L, M, and N;

1. Each protocol of seizure and the list of seizure;

1. A report on investigation (specific as a suspect), each investigation report (Attachment of a photograph of seized articles), investigation report (Attachment of a photograph of a CCTV image in the course of committing a crime), investigation report (related to the violence of a suspect), investigation report (related to the violence of a suspect), investigation report (verification of a suspect), and report on the occurrence of a theft crime;

1. On-site photographs;

1. Previous convictions: Inquiries about criminal history, reporting of investigation (Attachment of the same criminal records as the criminal suspect's judgment), application of Acts and subordinate statutes to investigation reports (verification of the date of release of the suspect

1. Relevant Article of the Act and the aggravated punishment, etc. of each specific crime as to the crime.

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