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(영문) 대구지방법원 김천지원 2017.09.13 2017고단1127

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 16, 2012, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. in the Daegu District Court Kimcheon on March 27, 2013; ten months in the same court on March 27, 2013; six months in the same court on June 12, 2013; one year in the same court on November 5, 2014; and one year in the same court on July 13, 2016; and one year in the Daegu District Court sentenced imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Daegu District Court on July 13, 2016; and completed the execution of the sentence in the Daegu District Court on June 16, 2017.

On August 3, 2017, the Defendant discovered a physical car in D-ro, which was parked at the victim C-owned by the victim, set up at the 36 Gyeong-do Gyeong-ro parking lot, Seoul, Seoul, 14:32, around 14:32, the Defendant left approximately KRW 40,000,000, which was entered at the bank.

Accordingly, the defendant steals the victim's property even though he was sentenced to imprisonment not less than three times due to special larceny.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A photograph of a CCTV course;

1. Report of investigation (specific suspect);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (in relation to attachment of results of search of prisoners), and the current status of acceptance by individual;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime committed;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include several times (five times of actual punishment, one time of suspended execution, and one time of fine) that the Defendant was punished for the same thief by committing a thief (Article 55(1)3 of the Act on Reduction of Small Amount, and the Defendant was punished for the same thief and committed the instant crime without being aware of the fact that the Defendant was punished for the same thief and committed the instant crime. Therefore, the Defendant needs to be punished strictly

However, the defendant reflects his/her mistake, the number of crimes is minor as one time, and the defendant's age, sex, environment, family relationship, motive and circumstance.