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(영문) 대구지방법원 상주지원 2010.07.13 2010고단201

특정범죄가중처벌등에관한법률위반(절도)

Text

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

Reasons

Punishment of the crime

On June 17, 1992, the Defendant was sentenced to a suspended sentence of 8 months for larceny, etc. in the Daegu District Court Kimcheon Branch, and sentenced to 10 months for special larceny, etc. in the resident support area located in the Daegu District Court on April 18, 1996, and sentenced to 10 months for the same court on May 20, 197, and sentenced to 2 years and 6 months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Daegu District Court on April 13, 2001, and sentenced to 10 months for the punishment of larceny, etc. at the resident support area located in the Daegu District Court on May 7, 2009, and sentenced to 10 months for the same year.

9. 24. Final and conclusive on December 5 of the same year, the enforcement of the sentence was terminated in the Daegu Prison.

Defendant habitually;

1. At around 20:20 on March 20, 2010, while drinking alcohol with the victim E in the 301 room located in C “D” located in C, the victim took a theft by putting one passbook (Account Number:F) owned by the victim, using the gaps in which the victim was under influence of alcohol, while drinking together with the victim E;

2. On March 20, 2010, the Defendant released KRW 700,000 in cash and KRW 810,000 in cash owned by the victim by means of inserting the password, which had been discovered in advance, as stated in paragraph 1, from the cash automatic withdrawal machine managed by the said victim, at the branch of the Si/Gun/Gu branch where the victim was permanently stationed in Seomun-dong, as of March 20, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A criminal investigation report and a criminal investigation report (CCTV);

1. Previous convictions: Criminal records, investigation reports (verification of the date of release), investigation reports (written judgments and accompanying reports accompanied by a copy of indictment);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-4(1) of the Criminal Act concerning criminal facts and the choice of punishment.