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(영문) 대구지방법원상주지원 2020.08.19 2020고단212

특정범죄가중처벌등에관한법률위반(절도)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[criminal power] On August 8, 2017, the Defendant was sentenced to 8 months of imprisonment in the Daegu District Court Kimcheon Branch of the same year and the judgment became final and conclusive on November 17 of the same year. On December 21 of the same year, the same court was sentenced to 2 months of imprisonment with prison labor for night building intrusion, etc. and its judgment became final and conclusive on December 29 of the same year. On June 11, 2019, the same court was sentenced to 6 months of imprisonment with prison labor for larceny and the judgment was final and conclusive on the 19th of the same month.

9. 26. The same court sentenced each of 6 months of imprisonment with prison labor for larceny, etc., which became final and conclusive on October 6 of the same year, and the execution of the final sentence was terminated on April 30, 2020.

【Criminal Facts】

1. Around May 23, 2020, the Defendant, at around 20:0 on May 23, 2020, stolen with one knife knife knife knife knife equivalent to KRW 8,000 owned by the victim D, who was in the display stand by taking advantage of the gaps of surveillance negligence around 20:0 on May 23, 202.

Accordingly, the defendant was sentenced to imprisonment with prison labor for larceny more than three times, but theft is committed again within the repeated crime period.

2. Around June 15, 2020, the Defendant, on June 15, 2020, opened a cooling house with no locking device installed prior to the entrance of “F” located in Seodaemun-si E from around 02:20 to 02:30,000, and stolen approximately KRW 100,000,000,00 in front of the victim’s food and cooling house.

Accordingly, the defendant was sentenced to imprisonment with prison labor for larceny more than three times, but theft is committed again within the repeated crime period.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements and written complaints filed in D;

1. Each investigation report (the sequence 4, 6, 10, 13, 22 in the list of evidence);

1. Previous convictions: Criminal records and investigation reports (Attachment of criminal records);

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. Criminal facts;