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(영문) 대구지방법원 김천지원 2014.05.28 2014고단361

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On December 11, 1980, the defendant was sentenced to a disposition to transfer the juvenile protection case to larceny, and on August 4, 1982, the defendant was sentenced to a two-year suspended sentence of imprisonment with prison labor for larceny, etc. at the Daegu District Court on August 4, 1982. On March 15, 1983, the Daegu High Court sentenced him to one year and six months of imprisonment with prison labor for habitual larceny, and on September 19, 2007, the defendant was sentenced to a two-year suspended sentence of imprisonment with prison labor for night time in the Daegu District Court Kimcheon-cheon Branch on September 19, 2007. On May 19, 201, the same court sentenced him/her one year and six months of imprisonment with prison labor for night, intrusion upon residence, larceny, etc. and passed on September 19, 2011 during the execution of the sentence.

On January 11, 2014, the Defendant, through gas pipes and other windows, had a gas pipe 509 Bara-Ba 509 Ba-Ba Ba-Ba 509 mar-Ba mar’s residence, and attempted to see property by breaking the gas pipe on the 4th floor and the 5th floor of the 5th floor of the Gu-U.S. C lending on the 03:00 on Jan. 11, 2014, when putting the gas pipe of the 4th floor of the Gu-U.S. C lending on the 509 floor of the victim D’s residence, and drown the property into the living room, and was cut off with a bend, and did not have the intention again.

Accordingly, the defendant habitually invadedd the victim's residence at night, and tried to steal the property, but did not commit the attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (A), investigation reports (the same type of power and repeated crime, and reporting on confirmation);

1. Habitualness of the holding: Application of damp-style Acts and subordinate statutes in light of the fact that each crime history, method of crime and act of crime committed not long after release and that the impulse was committed for the same kind of crime which failed to keep the impulse, etc.;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 330 of the Criminal Act, the choice of limited imprisonment for a crime, and the choice of a sentence;

1. The proviso of Article 35 and the proviso of Article 42 of the Criminal Act among repeated crimes: