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(영문) 대구지방법원 서부지원 2017.09.15 2017고단1669
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

【The Defendant, on August 26, 2009, was sentenced to a suspended sentence of two years for six months due to theft by intrusion upon a room at night at the Daegu District Court. On June 24, 2010, the same court was sentenced to one year and six months due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the same court on October 28, 2010, and the said judgment became final and conclusive on October 28, 2010, the sentence of the suspended sentence was invalidated. On August 9, 2013, the same court was sentenced to one year and six months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the same court on October 13, 2014 and completed the execution of said sentence.

【Criminal facts】 On July 1, 2017, the Defendant: (a) around 23:45, in front of the “OO amusement store operated by the victim D, in Daegu-gu, Seo-gu,” the Defendant opened an entrance in which the victim, who was in the said main store, stolen and did not correct any cret other things, and intruded into the entrance, and cited one of approximately KRW 700,000,000,000,000,000,000,000 won, which is the victim’s own.

Therefore, even though the Defendant was sentenced to imprisonment more than three times due to the larceny, the Defendant, as seen above, intruded the structure managed by the victimized person at night during the period of repeated crime, thereby thefting the victim’s property.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigative reports (to hear statements from victims);

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

1. Each investigation report (the other party investigation of the victim, the attachment of video images of the Esing CCTV, the illegal suspect CCTV tracking investigation - the direction of escape, the verification of the fact that the CCTV was stolen, the access road direction, the verification of the access road direction, the identity of the suspect), and each CCTV video recording photograph;

1. Previous conviction: A written reply to inquiries, such as criminal history, and each investigation report (Article 5-4 Item 5 Item 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes).

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