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(영문) 대전지방법원 2014.08.08 2014고단1287

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On June 22, 2006, the Defendant was sentenced to imprisonment with prison labor for night building intrusion larceny at the Daejeon District Court for 8 months, and on May 31, 2007, the same court was sentenced to six months for night building intrusion larceny. On November 28, 2011, the same court was sentenced to eight months for larceny, etc. and completed the execution on April 25, 201. On January 14, 2013, the Defendant was sentenced to eight months for special larceny and completed the execution of the sentence on September 15, 2013.

On February 2, 2014, the Defendant: (a) tried to steal the victim D's mobile residential container, which is one of his/her agents, and the office fixtures containing such container.

1. On February 23, 2014, the Defendant: (a) ordered G married couple, the business owner of the F company, who was introduced by requesting the sale of containers to pro-Japanese E to take out the collection of goods in the attached Form, such as cooling in containers, etc. (a total amount of KRW 3.9 million) such as the air conditioning in containers.

2. On February 24, 2014, the Defendant: (a) ordered I to load 25 tons of cargo vehicles (on the market price equivalent to KRW 22,726,00), which he/she had driven, and stolen containers on the cargo vehicle (on the market price of KRW 22,726,00).

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning EH;

1. Statement made to D by the police;

1. A complaint;

1. The application of Acts and subordinate statutes concerning inquiry reports and the current status of accommodation for individuals;

1. Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the relevant criminal facts and the choice of punishment.

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation [the range of recommending punishment] : the thief crime group, habitual repeated crime theft (type 1), basic area, two-year imprisonment [Pronouncement Decision] 4 times the same sentence of imprisonment with prison labor for 2 years, one time the same suspended sentence of imprisonment, and eight times the same sentence of fine.