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(영문) 대구지방법원 2014.05.15 2014고단2008

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On March 2, 2010, the Defendant was sentenced to two years of imprisonment with prison labor for night building intrusion larceny at the Busan District Court on March 2, 2010, and the judgment became final and conclusive on March 10, 2010. On August 24, 2010, the Defendant was sentenced to six months of imprisonment with prison labor for special larceny at the Busan District Court on August 24, 2010, and two months of imprisonment with prison labor for night building intrusion larceny at the Busan District Court on December 3, 2010 and the judgment became final and conclusive on January 3, 201, each of which became final and conclusive on January 3, 201. On March 29, 2012, the Defendant was sentenced to one year and six months of imprisonment with prison labor at the Daegu District Court on July 30, 2013 and completed the execution of the said punishment at the same prison on July 30, 2013.

At around 08:40 on August 8, 2013, the Defendant: (a) opened a door by cutting off the victim’s “E” restaurant operated by Daegu Dong-gu, Daegu-gu, by cutting off the back door of the kitchen; (b) brought about 1,30,000 won in cash owned by the victim in the inside of the door, and brought about 1,30,000 won in cash owned by the victim; and (c) stolen property by impairing another person’s restaurant on seven occasions from around to December 2013, as indicated in the list of crimes in the attached list of crimes.

Accordingly, the defendant habitually stolen another person's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F and G;

1. Each statement of H, I, D, J, and K;

1. Each photograph, each on-site report, and each official letter;

1. Before judgment: Criminal records, five copies of judgment, and current status of personal identification and confinement;

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

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329 and 330 of the Criminal Act concerning the crime committed;

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

1. Article 53 of the Criminal Act for discretionary mitigation.