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A defendant shall be punished by imprisonment for a term of one year and two months.
The seized handbrugs (No. 2) shall be confiscated.
. The applicant.
Reasons
Punishment of the crime
[criminal history] On June 16, 2011, the Defendant was sentenced to five years to imprisonment for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) at the Daegu High Court, and completed the execution of the said sentence at the Jinju Prison on September 14, 2015.
[ 범죄사실] 피고인은 2016. 3. 7. 02:25 경 창원시 마산 합포구 D, 2 층에 있는 피해자 C이 운영하는 ‘E’ 전당 포 사무실에 이르러 미리 준비한 래칫 핸들( 일명 깔깔이, 나사를 조이고 푸는 공구) 로 출입문의 시정 장치를 손괴하고 들어가, 그곳에 있던 피해자 소유의 현금 14,000,000원, 미화 400 달러( 한화 약 478,000원), 반지 등 귀금속 3점 시가 합계 4,000,000원 상당, 아이 폰 6S 4대 시가 합계 3,600,000원 상당 등 합계 22,078,000원 상당의 물건을 가지고 나와 절취하였다.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Each protocol of seizure and the list of seizure;
1. On-site inspection reports, investigation reports (as to confirmation of CCTV in damaged areas and attachment of photographs, confirmation of CCTV around damaged areas and attachment of daum maps, as to vehicles that were operated before, after the crime, by an infinite suspect, confirmation of a vehicle that was operated by an infinite suspect, confirmation of a stop and stop control camera, and attachment of a specific model of SUV vehicle, photograph attachment of a number-type car moving route and photograph, attachment of a number-type vehicle vehicle, attachment of a specific and photograph to a number-type type of a vehicle moving route and photograph, attachment of a vehicle in an old type of a car, such as the identification of the owner of the F vehicle and the owner's family and resident registration card, identification of the F vehicle operated at the time of the crime, specific suspect, mother and child, and F vehicle operated at the time of escape);
1. Each photograph;
1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (verification of the fact that the period of repeated crime is in duration, and attachment of recent judgments on criminal records,
1. Article 331 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. Article 32(1)3 and Article 25(3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit by which an application for compensation is dismissed.