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(영문) 대구지방법원 안동지원 2021.02.25 2020고합76

특정범죄가중처벌등에관한법률위반(절도)등

Text

Defendant shall be punished by imprisonment with prison labor of one year and six months and by a fine of three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[2] On June 10, 2014, the Defendant was sentenced to imprisonment with prison labor for one year and nine months and a fine of 200,000 won for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daegu District Court’s support on the Aggravated Punishment, etc. of Specific Crimes. On July 22, 2016, the Defendant was sentenced to imprisonment with prison labor for larceny, etc., and on August 24, 2018, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daegu District Court’s Support on the Aggravated Punishment, etc. of Specific Crimes (Larceny) and completed the execution of the final sentence in the lawsuit against the first intersection of North Korean Branch on June 26, 2020.

[Criminal facts]

1. Around November 16, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) took place in the “C” located in B at permanent residence around November 16, 2020, with Elim CODI 49c Oral land equivalent to 200,000 won at the market price owned by the victim D.

As a result, the defendant was sentenced twice or more to the crime of larceny, and habitually stolen the victim's property within three years after the execution of the sentence was completed.

2. On November 17, 2020, the Defendant, at the time of permanent residence of around 10:20 on the road, driven a motor device in the section of about 3.3 km from the front to the front of G at the time of permanent residence, without obtaining a motor device driver’s license, as provided in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. The register of driver's licenses of motor vehicles, CCTV image data of estimates, field photographs, and photograph of a Kakao road map to be taken;

1. A previous conviction: A written reply to inquiry, such as criminal history, one copy of each written judgment, one copy of each summary order, and one current status of acceptance by each individual;

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime and the method of crime;

1. Relevant Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 154 subparagraph 2 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of license for the driver's license for the bicycle riding, the selection of fines) concerning the crime;

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