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(영문) 대구지방법원 서부지원 2012.07.12 2012고합221
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

[Criminal Power] On December 1, 2004, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the Jinwon District Court's Jinju branch on December 1, 2004. On September 4, 2009, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Changwon District Court's Kinwon Branch branch on September 4, 2009, and on December 9, 20

【Criminal Facts】

On March 15, 2012, at around 12:05, the Defendant came to the house of the victim D located in Gosung-gun, Chungcheongnam-gun, Kim Sung-gun, and opened a string door and opened the string door that was not corrected by using the cresh of surveillance negligence due to the cresh of the victim's house and cut off the victim's cash, which was kept in custody in the wall, 1.5 million won.

In addition, from that to June 1, 2012, the Defendant stolen the total amount of 2,1340,000 won of the victims on ten occasions habitually, such as the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Each police statement of the E, F, G, H, and D;

1. Copies of each police statement to I, J, and K;

1. A copy of L, M or N statements;

1. Records of seizure by prosecution;

1. On the specific vehicle for each investigation report, on the suspect, on the specific suspect, on the attachment of a stolen field photograph, on the attachment of photographs of the damaged place, on the other party to the village resident;

5. 15. Reporting on the attachment of intended vehicles or CCTV photographs taken by suspects, attachment of seized photographs, and confirmation of the details of damage;

1. Previous records of judgment: Criminal records, previous records of disposition, report on results of confirmation, and investigation report (Attachment to previous records and copies of judgment);

1. Habituality of the judgment: A larceny in light of the fact that the defendant was punished on six occasions due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and committed not only 11 times but also 10 times by the same method in a short period.

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