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(영문) 대구지방법원 서부지원 2017.06.15 2017고합59

특정범죄가중처벌등에관한법률위반(절도)등

Text

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

Reasons

Punishment of the crime

The Defendant was sentenced to a suspended sentence of six months for larceny at the Daejeon District Court on October 9, 2008; the Defendant was sentenced to a suspended sentence of six months for the same crime at the Daegu District Court on November 19, 2008; the Defendant was sentenced to a suspended sentence of six months for the same crime; on January 13, 2009, the same court was sentenced to a suspended sentence of eight months for larceny, etc.; on February 18, 2010, the Defendant was sentenced to a sentence of one year and six months for larceny at the Busan District Court on February 18, 2010; on October 12, 201, the Defendant was sentenced to a suspended sentence of one year and six years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court on September 27, 2013; and on September 27, 2013, the Defendant was sentenced to a person who executed the sentence at the prison on January 5, 2017.

1. On March 30, 2017, the Defendant: (a) entered the victim D (Woo, 63 years of age) in Daegu Seo-gu, Daegu-gu, in the first floor of housing; (b) opened an open gate to take property theft against the victim’s building; (c) went into the victim’s building within the boundary of the legal party operated by the victim on the first floor; (d) went into the victim’s building; and (e) went into the victim’s building at the expense of KRW 5,00,000, the market price on the part of the victim’s building.

2. On March 30, 2017, at the same place as above 13:33 around the same day, the Defendant entered the victim’s building in the same manner as above 1) and intruded the victim’s building, and subsequently, the Defendant was bound by the 5,000 won of the market price, which is the victim’s own on the books located at the same place.

3. On March 31, 2017, the Defendant: (a) cut off 7 Sovietive cell phoness in the middle-gu E 1st floor F 30, Daegu-gu, Daegu-gu, 2017, where the market price of the victim’s ownership, which was set on the table of this table, was equivalent to 900,000 won, by her hand.

As a result, the defendant was sentenced to punishment more than twice habitually due to larceny, and again stolen the victim's property and intruded into the victim's structure within three years after the execution of the punishment was completed.

(i) the evidence;