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(영문) 대구지방법원 2014.04.11 2014고단884
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Criminal facts

On March 29, 2013, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny, etc. in the Western District Court Branch of the Daegu District Court on March 29, 2013 and completed the execution of the sentence in the Daegu Detention House on October 19, 2013.

On November 12, 2013, at around 15:00 on November 12, 2013, the Defendant stolen “D” in Daegu-gu, Daegu-gu, with one set of smartphones (gallon No. 2) equivalent to 900,000 won at the market price of the victim E, who was the victim’s locked.

The Defendant habitually stolen seven smartphones worth totaling KRW 6,100,000 through the same seven times from the soup bank, such as the list of crimes, from around that time to January 28, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and H;

1. Each statement of E, I, J, F, G, K and H;

1. Copies of the bankbook transactions; and

1. Attachment of each field photograph;

1. Records before judgment: Criminal history records, correspondence records, and the decision of branch court of the Daegu District Court; and

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of the crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned manner;

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

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [decision on the type of punishment] is based on the basic area of habitual and repeated larceny [decision on the recommended area] [the scope of punishment] 2 years to 4 years [decision on the sentencing] imprisonment / [decision on the sentencing] / [decision on the sentence] the crime of this case committed several times during the period of repeated crimes in the previous offense in the judgment of the defendant, and considering the fact that the damage has not been recovered, the sentence of sentence is inevitable, but it is against the recognition of his mistake, it is against the fact that there is no same power except for the previous offense, the age of the defendant and the amount of damage are considered.

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