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(영문) 대구지방법원 서부지원 2013.12.10 2013고단1081

특수절도

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Power] On February 3, 2010, the Defendant was sentenced to one year and three months of imprisonment with prison labor for an injury, etc. at the Daegu District Court on August 5, 2010 and completed the execution of the sentence in the Daegu Prison on August 5, 2010.

【Criminal Facts】

On October 30, 2012, at around 03:29, the Defendant discovered the victim E, who was home in the Daegu Seo-gu, Daegu-gu, and the Defendant: (a) reported the network at the entrance of the above route; and (b) C, with the victim’s own sound called “hume”, sounded the victim’s own market price of KRW 25,00,000, and 1 shopping white bag, one of which is composed of 30,000, the market price of the victim’s own property, was 25,000 won.

Accordingly, the defendant stolen the victim's property together with C.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect C by the prosecution;

1. A copy of the second examination protocol of suspects of the police against C; and

1. Statement of the police statement of E;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes in one copy of criminal records, investigation reports (report on results of confirmation of repeated crimes, etc.), and current status of personal identification and confinement;

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Article 35 of the Criminal Act among repeated crimes;

1. It is so decided as per Disposition on the grounds that Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is not less than a crime committed during the period of repeated crime (Article 55(1)3 of the Criminal Act (Article 53 and Article 55(1)3 of the Criminal Act is inferior to the