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(영문) 대전지방법원 2018.05.10 2018고단489

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 13, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for special larceny at the Cheongju District Court, and was sentenced to one year and six months of imprisonment with prison labor for habitual larceny at the Cheongju District Court on May 14, 2015, and on February 3, 2017, the Daejeon District Court sentenced on one year of imprisonment with prison labor for larceny at the Daejeon District Court on February 6, 2017, and completed the execution of the sentence at the Daejeon Prison on December 6, 2017.

On January 2018, the Defendant: (a) opened a door of an unrecter 10,000 won in cash, such as the street owned by the injured party F, and (b) committed a theft, around 28 occasions from around that time to February 4, 2018, the Defendant attempted to steal or steal money and valuables worth approximately KRW 73,000 in total, as stated in the list of crimes in the attached Table of Crimes, from around 28 occasions.

Accordingly, the defendant was sentenced to imprisonment not less than three times due to special larceny, etc., and tried to steals or steals property during the period of repeated crime, but attempted to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement in the preparation of G, H, I, J, K, L, M, N, P, Q, Q, R, T, U, V, X, Y, Z, AB, AC, AC, and AD;

1. Protocols of seizure and list of seized articles and photographs thereof;

1. A criminal investigation report (specific suspect), photographs of damaged vehicles and CCTV image data photographic pictures, mobile phone pictures, specific damaged vehicles, investigation reports (related to the analysis of CCTV image data), and photographs of damaged vehicles;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (the confirmation of the date of release) and 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 Articles 329 and 342 of the Criminal Act concerning the crime committed under the relevant provisions of the Act;

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

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

1. The circumstances favorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment: The facts that all of the instant crimes were led to the confession, and the fact that they were against themselves, and that they were not re-offending.