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(영문) 대구지방법원 2013.12.05 2013고단3921

특정범죄가중처벌등에관한법률위반(절도)

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 30, 1990, the defendant was sentenced to 8 months of imprisonment with prison labor for larceny in the Gangnam Branch of the Chuncheon District Court, and on February 15, 2006, the defendant was sentenced to 2 years of suspended execution for 1 year of larceny in the Daegu District Court and the Daegu District Court and its branch court.

1. On July 7, 2007, between the 21:00 to 14:30 on the following day, the Defendant: (a) opened a line of the victim C-owned truck owned by the victim C, which is parked therein, in the latter part of the 1st unit located in the Dong-dong, Gangwon-do; (b) forcedly opened a door door of the truck owned by the victim C; and (c) moved into the vehicle after the string of the string, and thereby cut off the market value of the said truck by driving the said truck, and driving the said truck at a speed of at least nine million won in total (five million won at the market price) and approximately one T ( four million won at the end).

2. On October 23, 2007, between 00:00 to 07:00 on the same day, the Defendant: (a) opened the door door of H Poter Cargo Vehicles owned by the Victim G in Gangwon-do, which is parked therein; (b) forcedly opened the door door of the vehicle owned by the Victim G; and (c) set up the door into the vehicle after the kibbing of the vehicle, and cut off the above cargo vehicle by driving the vehicle, thereby cutting down the market value of the said cargo amounting to KRW 9.5 million in total, including one vehicle (eight million won at the market price) and one set (1.5 million won at the market price).

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Some statements concerning the accused concerning the suspect examination protocol of the prosecution;

1. A report on initial measures against each theft incident, on-site map, and photograph;

1. A written statement in C and G preparation;

1. A written appraisal;

1. Each investigation report (in response to a suspect A's request for appraisal with two points of cigarette butts, response to requests for genetic appraisal, and response to requests for genetic appraisal);

1. Previous convictions in judgment: Criminal records and investigation reports (a copy of the judgment and attachment);

1. Habitualness of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the fact that the defendant committed the same criminal acts of this case within the period of probation, and the criminal acts of the above case, the criminal tools, and damaged goods, etc. are the same as the criminal acts of this case;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.