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(영문) 대구지방법원 2018.09.06 2018고단809
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On February 18, 2016, the Defendant was sentenced to one year and six months of imprisonment with prison labor and a fine of three hundred thousand won due to habitual special larceny at the Changwon District Court on February 18, 2016, and completed the execution of the sentence at the Changwon Prison on December 4, 2016.

[Criminal facts]

1. On December 2, 2017, at around 00:0, the Defendant discovered a numberless small vehicle parked by a victim with his/her name in the Elleyway located in Daegu-gu, Daegu-gu, Daegu-gu, the Defendant: (a) opened a closed door of a vehicle that is not corrected; and (b) brought about KRW 800 to the victim’s own land in that place; and (c) thereafter, the Defendant stolen, in combination with C by December 7, 2017 in the same manner as indicated in the daily list of crimes in attached Form C, with cash and tobacco worth KRW 117,700, total market price of the victim’s name and non-sick box owned, for six times in total, as shown in the list of crimes.

2. On December 2, 2017, the Defendant: (a) discovered a fgallon vehicle that the victim G was parked in front of the Daegu-gu Dong-gu, Daegu-gu from around December 2, 2017 to around July 7, 201; (b) the Defendant opened an unrecovered vehicle door and opened the door of the vehicle in which C is viewed as the network from the side, and attempted to commit it with the wind without any things, even though having colored the stolen objects.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (includingC statements);

1. A protocol concerning the interrogation of suspect C by the police;

1. A protocol of seizure and a list of seizure;

1. Reports on internal investigation (related to statements made in victim G);

1. The CCTV screen at the scene of a crime and the photograph of seized articles;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (verification of suspect A repeated crime);

1. Article 331(2) and (1) (special larceny) of the Criminal Act, Articles 342, 331(2) and 331(1) (special larceny) of the Criminal Act concerning facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 of the Criminal Act for mitigation of amount;

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