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(영문) 대구지방법원 2018.04.26 2018고단650
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Nos. 1 and 2 of seized evidence shall be returned to the victim Kim 00.

Reasons

Punishment of the crime

[criminal history] On August 13, 2010, the Defendant was sentenced to one year and six months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court, and on April 13, 2012, the Defendant was sentenced to two years of imprisonment for the same crime in the same court. On June 4, 2015, the same court was sentenced to two years and six months of imprisonment for habitual special larceny, etc. and completed the execution of the sentence in the Changwon prison on August 19, 2017.

[Criminal facts]

1. On February 6, 2018, at around 23:00, the Defendant intruded into a restaurant operated by the victim D in Daegu Northern-gu, Daegu Northern-gu, via the main entrance that was not opened up, and stolen, with only one draber equivalent to KRW 10,000, the market price of Cloud 2A and the market price of Cloud 3,000.

2. The Defendant, at around 23:27 on the same day, got in G, operated by the Victim FF in Daegu Northern-gu, Daegu Northern-gu, (hereinafter “instant E-cafeteria”), destroyed the lower door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door

Therefore, even though the defendant was sentenced to imprisonment not less than three times due to larceny, he again committed the crime of intrusion on structure at night, larceny and special larceny during the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Investigation Report (Attachment to On-Site), on-site photographs, investigation reports (Attachment to ctv images of crimes in the G), cctv photographs, investigation reports (Attachment to Seized photographs, etc.) - photographs of seized articles, investigation reports (Comparison between the clothes wearing a suspect and CCTV shapes);

1. Previous convictions in the judgment: References to inquiries, such as criminal history, investigation report (Attachment to information on a suspect A released from a criminal suspect), investigation report (Attachment to written judgments of a criminal suspect A punished due to habitual special larceny, etc.) - Application of seven of written judgments shall apply;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime as provided in the corresponding Article of the Act.

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