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(영문) 대구지방법원 김천지원 2019.01.23 2018고단1345
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On August 8, 2013, the Defendant was sentenced to four months of imprisonment for larceny in the Daegu District Court Kimcheon Branch, and was sentenced to one year and six months of imprisonment for larceny in the Daegu District Court Kimcheon Branch on April 2, 2015, and on July 20, 2017, the Daegu District Court sentenced one year and ten months of imprisonment for larceny and completed the execution of the sentence on November 25, 2018.

1. On November 27, 2018, around 10:58, the Defendant was the house of the victim C in Gumi-si B, Gumi-si on November 27, 2018, and the Defendant was in contact with the entrance and exit of the entrance and exit lines before the entrance and exit of the entrance and intruded into the victim’s residence.

2. The Defendant, in violation of the Aggravated Punishment, etc. of Specific Crimes (thief) committed a theft by taking out 30,000 won of the market price, which was the victim’s possession of the victim who was suffering from the victim’s clothes inside the victim’s house at the time and place specified in the preceding paragraph, and by taking out 70,000 won in cash.

Accordingly, the defendant committed larceny again by a person who has been sentenced to imprisonment not less than three times due to larceny.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Seven copies of field photographs, and 12 copies of CCTV photographs for crime prevention;

1. Investigation report (verification of market price of damaged goods);

1. Previous records: Criminal records and other inquiries, each written judgment, and the application of Acts and subordinate statutes as a result of prisoners' search;

1. Article applicable to criminal facts;

(a) Larceny: Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act;

(b) Intrusion upon residence: Article 319 (1) of the Criminal Act;

1. Imprisonment with prison labor for a crime of selective housing intrusion;

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

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishment of the crimes of larceny with heavier punishment)

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.

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