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(영문) 대구지방법원 서부지원 2018.02.02 2017고단2881

특정범죄가중처벌등에관한법률위반(절도)

Text

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

Reasons

Punishment of the crime

【The Defendant was sentenced to ten months from June 25, 2013 to be sentenced to imprisonment with prison labor for larceny in support of Suwon-dogwon, and on July 3, 2014, the same court was sentenced to ten months of imprisonment with prison labor for special larceny; on September 1, 2016, the Daegu District Court sentenced the Daegu District Court to one year of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; and on June 21, 2017, the execution of the sentence was completed in Daegu Prison.

【Criminal Defendant 1, who was sentenced to imprisonment not less than three times due to the crime of larceny, robbery, robbery, etc. As seen above, opened and intrudes upon a victim D’s “E dance institute” in Daegu-gu, Daegu-gu, about November 12, 2017, and opened and intrudes upon the victim D’s “E dance institute” in the “Operation of Daegu-gu, Daegu-gu, and used cash 190,000 won, which was kept in a simple safe located in the calculation unit.

Accordingly, the defendant was sentenced to imprisonment not less than three times due to theft, robbery, robbery, etc., and the victim's property was stolen during the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each CCTV photograph and on-site photograph;

1. Previous convictions: A reply to inquiry, such as criminal history, investigation report (verification of the period of repeated crimes against the suspect and attachment of the same military record), personal confinement status, and application of each statute of the judgment;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate amount of loss (see, e.g., the fact that the defendant commits a crime and the amount of damage is a relatively small amount);