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(영문) 대구지방법원 김천지원 2019.04.30 2019고합11
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal record] On June 3, 2005, the Defendant was sentenced to 8 months of imprisonment with prison labor for the crime of larceny, etc. at the Busan District Court on January 10, 2007, 1 year and 6 months of imprisonment with prison labor for the crime of larceny, etc. at the same court on November 23, 2009; 1 year and 4 months of imprisonment with prison labor for the crime of larceny, etc. at the same court on December 24, 2010; 2 years and 6 months of imprisonment with prison labor for the same court on October 23, 2012; 1 year and 6 months of imprisonment with prison labor for the crime of habitual larceny, etc. at the Busan District Court on July 15, 2015; and 1 year and 6 months from the Daegu District Court on December 7, 2016, and completed the execution of the sentence from the Daegu District Court on December 3, 2018.

【Criminal Facts】

On December 21, 2018, between 13:03 and 13:25, the Defendant opened a locked door and opened a residential area to steal property at the victim C located in Gumi-si, and opened the 100,000,000 won of the market price, which is the victim’s ownership, at the same time, the Defendant owned one 18 K K-ro 18,000, the market price of which is equivalent to 50,000 won, one Cheong-ro 1,000,000 won of the market price, 1,50,000,000 won of the market price, and 1,50,000,000 won of the market price, and 1,50,000 won of the land, 1,2,12,12,1,000 won of the land and 1,5015,00 won of the land.

Accordingly, the defendant was sentenced to punishment twice or more due to larceny, etc., and habitually stolen the victim's property within three years after the execution of the sentence is completed.

Summary of Evidence

【Criminal Facts in the Market】

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement to C by the police;

1. C’s statement;

1.A report(thief), internal investigation report(ctv closure attachment, attachment of photographs, the course of escape of the suspect, and attachment of photographs showing the use of a card to the suspect), the victim C counterpart to the investigation report, and the seizure of damaged articles.

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