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(영문) 대구지방법원 2018.02.02 2017고합550

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2] On July 24, 1998, the Defendant was punished by imprisonment with prison labor for larceny at the Daegu District Court on November 10, 199; imprisonment with prison labor for ten months at the Seoul District Court on May 13, 2003; imprisonment with prison labor for one year and six months at the Daegu District Court on November 10, 2004; imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court on July 6, 2006; imprisonment with prison labor for one year and six months at the Daegu District Court on July 21, 2008; imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court on August 21, 2008; imprisonment with prison labor for one year and six months at the Daegu District Court on July 15, 2010; and imprisonment with prison labor for 16 months at the Daegu District Court on the Aggravated Punishment, etc. of Specific Crimes at 16.

[2] On November 13, 2017, the Defendant: (a) placed the victim’s electronic equipment store located in Daegu Northern-gu, Daegu-gu, Daegu-gu, in a 2nd underground room; (b) put the victim’s E’s electronic equipment room in a cresh and put the victim’s cresh in the display stand in a total amount of KRW 384,80,00 (BOSE) and one earphone into a bank and stolen the victim’s electronic equipment store.

As a result, the Defendant’s amendment to Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes to Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes was made by changing the indictment to “Article 5-4(5)1” and changed to delete “Habitually” from “a person who has been sentenced to punishment for larceny at least twice” but Article 329 through 331, 333 through 336, and 340 and 362 of the Criminal Act on the following grounds: (a) a person who has been sentenced to imprisonment at least three times with labor for an offense or attempted offense under Articles 329 through 331, 333 through 336, and 362 of the Criminal Act.