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(영문) 대구지방법원 상주지원 2015.02.10 2014고단659

특정범죄가중처벌등에관한법률위반(절도)

Text

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

Reasons

Punishment of the crime

[criminal record] The Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., in a resident support by the Daegu District Court on November 13, 1996, and was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc., of Specific Crimes, in the same court on August 6, 2009, and completed the execution of the sentence on January 29, 2012, and was sentenced to several times

【Criminal Facts】

1. On July 11, 2014, the Defendant: (a) opened a door of DNAS car owned by the Victim C and brought about approximately KRW 1 million in sight, cash 40,000 in the market price owned by the Victim C at a permanent and permanent sports park parking site located in Youngnam-gu, 1432 on July 11, 2014.

2. On December 15, 2014, at around 15:59, the Defendant: (a) opened a door of the victim F, a door of the victim’s G bodyle car owned by the Defendant, and brought KRW 600,000,000 in cash owned by the victim, before the Plaintiff’s greenhouse of the victim F, located in E at the time of stay.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police of C (No. 2, No. 29 of investigation records);

1. A written statement of the F (investigative records No. 1, No. 7 pages);

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (report on the confirmation of the same kind of crime against a suspect), and the number and confinement status of each individual;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Article 5-4 (1) and Article 329 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and Articles 5-4 (1) and 329 of the same Act;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment], types 1 (general habitual and repeated larceny) (one year and six months to three years) (special mitigation) are mitigated area (one year and six months).