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(영문) 의정부지방법원 2013.11.22 2013고합383
특정범죄가중처벌등에관한법률위반(절도)등
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A defendant shall be punished by imprisonment for three years.

Reasons

Criminal facts

[criminal power] On August 31, 2004, the Defendant was sentenced to a suspended sentence of 8 months for special larceny at the Jung-gu District Court and sentenced to 10 months of imprisonment for special larceny at the Seoul Central District Court on August 9, 2006; on August 23, 2007, the Defendant was sentenced to 1 year and 6 months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on August 28, 2009, the Defendant was sentenced to 1 year and 6 months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on May 4, 2011, the Defendant was sentenced to 2 years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jung-gu District Court on March 24, 2013.

【Criminal Facts】

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief), habitually, from around 04:30 to around 05:00 on July 5, 2013, and from around 04:00 on the “E” restaurant for the operation of the victim D in Nam-si, Namyang-si, by intrusioning into the said cafeteria through open back door, and opening the Kabro racker’s credit cooperative to take 250,000 won in cash owned by the victim and 250,000 won in cash owned by the victim. After entering the Kabroe as an employee, one of the cash 50,000 won in cash owned by the victim was stolen.

2. The Defendant: (a) removed 2 monitors installed on the front wall of the CCTV and monitors, which are installed on the front wall of the camera in order to cause exposure to one’s criminal scene at the time and place specified in the foregoing paragraph (1); (b) removed 2 monitors, and collected them on the water contained in plastic lines, and damaged 2 Samsung monitors, which are up to 120,000 won in the market price owned by the victim D.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. CCTV photographs;

1. Each investigation report (the result of the search by prisoners, time after sunrise of the day on which the crime occurred, the attachment of CCTV monitors and estimates, and the investigation report on the damage to property);

1. Previouss before ruling: Criminal history records, correspondence records, results of the search of prisoners, and each;

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