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(영문) 대구지방법원 2017.05.12 2017고합96
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

The victim shall have five copies (No. 3) of the 10,000 original notes issued by the Bank of Korea confiscated.

Reasons

Punishment of the crime

[criminal record] On January 21, 2010, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court, and on August 21, 2015, the same court sentenced two years of imprisonment with prison labor for habitual special larceny, etc. and completed the execution of the sentence in Daegu Prison on April 16, 2016.

[2] On September 12, 2016, at the victim E’s residence located in Daegu-gu Dong-gu, Daegu-gu, on September 12, 2016, the Defendant: (a) destroyed locking devices by putting off the locker in the entrance gate; (b) intruded into the victim’s seat and stolen the gold necks owned by the victim, with five precious metals equivalent to the total market price of KRW 4 million, including one point, and then stolen from that time until March 7, 2017, the Defendant stolen the property worth KRW 19,82,000, total market price of eight times in total, including the list of crimes, from that time until March 7, 2017.

As a result, the defendant was sentenced to two or more penalties due to habitual larceny, and habitually stolen another's property within three years after the execution of the sentence was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to F (Evidence No. 4, 5) and G;

1. Each statement of H, I, each J (Evidence Nos 21, 25, 43) and K;

1. A protocol of seizure and a list of seizure;

1. A report on the results of field identification (a list No. 26 of evidence);

1. Each internal investigation report (as regards the background of recognition of the theft incident, each accompanying material shall be included), each internal investigation report (as to the confirmation of CCTV, the confirmation of female crime, the field photograph, the attachment of a report on the purchase of gold banks, the submission of gold bags, and CCTV photographs, and the receipt number 2017-2770, including accompanying material); each accompanying material;

1. Previous convictions: Investigative inquiries about criminal history and investigation reports (A attachment of written judgments on criminal history);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Relevant provisions of the Act concerning facts constituting an offense;

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