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(영문) 대구지방법원 포항지원 2020.01.09 2019고단1234

특정범죄가중처벌등에관한법률위반(절도)

Text

The punishment of the accused shall be three months by imprisonment.

Reasons

Punishment of the crime

[Criminal Power] On April 20, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for habitual larceny, etc. at the Chuncheon District Court on June 26, 2016, and the execution of the sentence was terminated. On June 27, 2019, 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 at the Eunpyeong District Court’s Pyeongtaek District Court’s Eunpyeong District Court’s site, and the said judgment became final and conclusive on June 28, 2019.

【Criminal Facts】

On December 21, 2018, between 12:00 and 16:00 on December 25, 2018, the Defendant, in collaboration with B, was in front of the Cheongju-si container stuffed by the victim D, which is the victim D, located in Cheongju-si. B was in front of the container stuffed by Cheongju-si. The Defendant was in front of the container stuffed up with the entrance of the above container, and the Defendant destroyed the entrance by putting off (one-day "one-day") from the door to the door, and then then destroyed the entrance by cutting it into the container so as to make it difficult, and then loaded the entrance into the said container, the market price of the victim owned by the Defendant, which was KRW 300,00,00, and loaded one chiton car with the e-car operated by the Defendant.

Accordingly, the defendant committed special larceny in collaboration with B.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. A report on damage or a report on internal investigation (a statement, etc. of a victim);

1. 112 Reporting case management table;

1. Contact of genetic assessment results;

1. Each photograph;

1. Before ruling: Application of Acts and subordinate statutes to criminal records and investigation reports (verification of criminal records, etc. of the suspect);

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Article 35 of the Criminal Act among repeated crimes;

1. Handling concurrent crimes and statutory mitigation thereof: the latter part of Article 37, Articles 39 (1) and 55 (1) 3 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is as follows: (a) the method and consequence of the crime committed by the victim for the reason of sentencing; (b) the injury was not recovered; and (c) the crime was committed without being aware of the fact that it was committed during the period of repeated crime; and (d) prior to the instant case, there was a history of punishment for the crime of larceny, quasi-Robbery, etc., which had been sentenced to seven times as punishment, but the Defendant