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(영문) 대구지방법원 2019.07.05 2019고합144
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

The date on which seizure has been made shall be confiscated (No. 1).

Reasons

Punishment of the crime

[criminal power] On November 21, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for special larceny at the Daegu District Court; on January 7, 2016, the same court was sentenced to one year of imprisonment with prison labor for habitual special larceny; on January 18, 2018, the same court was sentenced to one year of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on November 21, 2018, the Defendant was sentenced to ten times of the same military power, such as the termination of the execution of the sentence, in the Seongbuk Detention House.

【Criminal Facts】

On February 2, 2019, the Defendant used the gap in D operated by C in Daegu Jung-gu, Daegu-gu, the Defendant: (a) destroyed the entrance door locks of the store and sealed them into the locker; (b) did not discover them; (c) did not occur; and (d) did not commit attempted crimes; and (d) invaded another’s structure at night over 10 times in total, such as the list of crimes in attached Form No. 312,00 won, and stolen or attempted property owned by the victims, which was totaled of 312,00 won from the market price of the victims.

Accordingly, the defendant habitually stolen or attempted the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, F, G, C, H, I, J, K, L, and M;

1. Records of seizure and the list of seizure;

1. A report on results of field identification and on-site photographs;

1. Each report on the occurrence of each crime (thief), each internal investigation report (in relation to field photographs, on-site verification, attachment of a report on field identification, CCTV investigation into the site CCTV, intrusion of the suspect, attachment of photographs to the escape route, CCTV images and damaged images before and after the commission of the crime, and attachment of photographs to the victim's CCTV images and damaged images before and after the commission of the crime), each investigation report (in relation to the access of the suspect and the moving route of the suspect, with respect to the common lock devices, suspect specific, and reason for the consolidation of the case, submission of suspect's on-site photographs, the submission of on-site CCTV images, and the date and time of the commission of the crime, etc.

1. Before judgment: The current status of personal expropriation;

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