beta
(영문) 대구지방법원 2014.01.10 2013고합472

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant, at the Daegu District Court on December 24, 2008, is a deaf-mute who was sentenced to imprisonment with prison labor for the same crime in the same court on March 30, 201 and one year and two months on September 14, 2012 and completed the execution of the sentence on May 3, 2013, and is sentenced to imprisonment with prison labor for the same crime in the same court on March 30, 201.

1. On July 14, 2013, around 15:00, the Defendant carried approximately 15,000 km in the F factory operated by the victim E located in Daegu North-gu, Daegu-gu, with approximately 30 km of the market price equivalent to KRW 15,00.

2. On July 18, 2013, the Defendant, around 09:29, colored the scrap metal in the above F factory of the victim, but did not commit an attempted crime because the stolen article was not stolen.

3. On August 17, 2013, around 05:51, the Defendant carried approximately KRW 10,000 in the above victim’s above F factory with approximately KRW 25 km in the market price.

4. On August 18, 2013, around 07:02, the Defendant carried approximately KRW 15,000 in the above victim’s above F factory with approximately KRW 30 km in the market price.

5. On August 19, 2013, around 05:41, the Defendant carried approximately KRW 14,000 in the above victim’s above F factory with approximately KRW 30 km in the market price.

Accordingly, the defendant habitually stolen or attempted to steals the victim's property five times.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. E statements;

1. Each investigation report (to attach CCTV photographs - Chapter 6 CCTV photographs, the amount of damage, etc.);

1. Previous records: A inquiry report on criminal records, etc., personal identification and confinement status, and investigation report;

1. Habitualness of the judgment: Application of Acts and subordinate statutes recognizing the habition of larceny in light of the following: The history of each crime, frequency of crimes, and the same criminal records before and after the execution of the sentence is completed, which led to a new crime again for about two months;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 342 of the Criminal Act concerning the crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Mitigation of deaf-mutes;