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(영문) 대구지방법원 서부지원 2020.02.19 2020고단52

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for a term of two years and a fine of three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal power] On March 12, 2002, the Defendant sentenced 3 years of imprisonment and 200,000 won of fine for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Daegu District Court on March 12, 2002; on October 14, 2008, 2 years of suspended execution and 300,000 won of imprisonment for 1 year of larceny, etc. at the same court on December 22, 2009; on February 2, 2012, 30,000 won of imprisonment for 8 months and 300,000 won of fine for larceny, etc. at the same court on July 9, 2015; and on August 10, 2016, the Defendant was sentenced to imprisonment for 1 year and 300,000 won of fine for thieve, etc. at the same court on February 22, 2018.

【Criminal Facts】

1. Violation of the Aggravated Punishment Act;

A. On November 29, 2019, around 09:21, the Defendant: (a) laid off the victim D’s “C” in front of the “C” female audience located in the Seogu Daegu-gu, Daegu-gu, on the ground of the victim D’s market value of KRW 2.360,000,000; (b) loaded the victim D’s c, c, c, c, c, c, c, c, c, c, traves; and (c) loaded the c, having no number plate.

B. On December 13, 2019, around 20:30 on December 13, 2019, the Defendant: (a) stolen the Victim F holding market value equivalent to KRW 5.40,00,00, at the display stand at the entrance of the store “E” in the Daegu Seo-gu, Daegu-gu B.

Accordingly, the defendant was sentenced to imprisonment not less than three times due to larceny, etc., and again stolen the victims' property during the repeated crime period.

2. Violation of the Road Traffic Act;

A. From around 08:50 on November 29, 2019 to around 09:30 on the same day, the Defendant obtained a motorcycle driver’s license at a section of about 10km from the two parks located in the Seogu Seo-gu Incheon Metropolitan City Park Circulation-ro 36 to the above two parks via C in the same Gu.