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(영문) 대구지방법원 김천지원 2020.05.27 2020고단603
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[criminal power] On December 26, 2012, the Defendant was sentenced to eight months of imprisonment with prison labor for special larceny in Changwon District Court Branch of Msan Branch, and on March 31, 2015, the same court was sentenced to ten months of imprisonment with prison labor for larceny. On April 27, 2017, the Daegu District Court sentenced one year and two months of imprisonment with prison labor for habitual larceny and completed the execution of the sentence in Daegu Prison on April 21, 2018.

【Criminal Facts】

1. A thief: (a) around 00:55 on March 31, 2020, the Defendant: (b) opened a studio Cudio parking lot with the victim D, opened a studio in which the vehicle was not corrected for the E white stude in which the victim D parked; and (c) stolen 1,50,000 won of the total of 1,000 won, including cash 10,000 won, gift certificates per 50,000 won, and stolen 16 times in total, from January 20, 2020 to March 31, 2020.

2. Attempted larceny;

A. At around 05:26 March 26, 2020, the Defendant opened a H white rocketing car parkeded by the victim G and colored stolen objects, but failed to discover money and valuables, and did not commit an attempted crime.

B. On March 31, 2020, the Defendant: (a) opened a studio parking lot in the Gu-U.S. Si, Gu-Si, 00:22; (b) opened a studio door in which the victim J is parked and colored with stolen objects; (c) did not discover money and other valuables; and (d) did not commit attempted crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D, L, M, N,O, P, Q, B, R, S, T, U, V, W, X,Y, G, and J;

1. Report on internal investigation (limited to attachment of CCTV and photographs in the studio), report on internal investigation (verification of the scene of occurrence and nearby CCTV), investigation report (in relation to tracking investigation) (in relation to escape routes after committing a suspect), investigation report (in relation to criminal time and specific relation to the suspect);

1. Records of seizure and the list of seizure;

1. Previouss before judgment: Criminal records, references to criminal records, investigation reports, and criminal records of the same kind;

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