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(영문) 대구지방법원 김천지원 2018.05.23 2018고단277

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 March 10, 2006, the Defendant was sentenced to three years of imprisonment with prison labor for night intrusion larceny, etc. at the Daegu District Court, and on May 1, 2009, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the Yeongdeungpo District Court’s Young-gu District Court’s territorial branch on November 27, 2014, and was sentenced to one year and six months of imprisonment with prison labor for an attempt to larceny at night in the sexual branch of the Daegu District Court’s sexual branch on September 3, 2015, and completed the execution of the sentence on October 23, 2015.

On February 9, 2018, at around 03:15, the Defendant intruded into the Victim D’s house located in Gumi-si, Sinsi, by an unlocked gate, and found the Epoter freight vehicle owned by the victim, stolen things, and opened an unlocked gate and followed the goods to be stolen, the Defendant attempted to take the wind, which was caught by the victim from the room, in order to keep the mast toilet from the lock.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. A report on the result of identification;

1. A criminal investigation report (to attach a report and a response note to the State);

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and application of each written judgment;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 342 and 330 of the Criminal Act concerning the crime committed;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment [the scope of recommendation] [the scope of punishment] under the Specific Crimes Aggravated Punishment Act, and the basic area (one year to six years) (one year and six months to three years) under the Specific Crimes Aggravated Punishment Act, and the scope of comparison between the punishment and the recommended punishment: one year to six months (decision of sentence] and three years (decision of sentence] even though there are many criminal convictions, the crime is not denied and the attitude against it is not expressed.