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(영문) 대구지방법원 2003.11.06 2003고단5418

특정범죄가중처벌등에관한법률위반

Text

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

The number of detention days prior to this judgment shall be 11 days included in the above sentence.

Reasons

Punishment of the crime

On August 25, 199, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court on November 16, 2001, and was sentenced to one year and six months of imprisonment with prison labor at the Daegu District Court on November 16, 201 for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the sentence on December 23, 2002, and was willing to steal another person’s money and valuables and had color the subject thereof habitually;

1. At around 13:00 on July 18, 200, the victim entered the cosmetic operated by the victim D located in Daegu-gu Dong-gu, Daegu-gu, by making use of the gap in which the victim was divingd, and then taken away the amount of KRW 1,74,00,00 from the victim's wall holding part of the computer at the location of the computer;

2. At around 17:05 on the same day, at the H restaurant operated by the victim G in Daegu-gu, Daegu-gu, the victim entered the said restaurant by making use of the crepit in which the victim was locked, and cut off the sum of KRW 5.10,000 in cash owned by his female, KRW 5.10,000 in Daegu-gu, Chapter 1 of FCCC card, Chapter 1 of FC debit card, and one resident registration certificate, and KRW 5.40,00 in total, KRW 340,00 in total, per market value of women-use wall containing one driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to I, D, and G;

1. Police seizure records;

1. Records of criminal records, previous records of disposition, report on results of confirmation, and copies of judgment;

1. Whether the case is habitually habitually: Application of statutes that recognize dampness in light of the records of crimes listed in the first head of the judgment and the repeated crimes of the same kind within the short time after release;

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

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (agreement and reflectability) for discretionary mitigation;

1. The number of days of detention shall be included;