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(영문) 대구지방법원 서부지원 2021.03.18 2020고단4000
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

[2] On February 16, 2012, the Defendant was sentenced to ten months of imprisonment with prison labor for special larceny, etc. in the Daegu District Court Kimcheon-cheon Branch, and was sentenced to ten months of imprisonment with prison labor for special larceny, etc. on March 27, 2013. On June 12, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for night-time structure intrusion larceny in the Daegu District Court Kimcheon-cheon-do branch, and was sentenced to one year of imprisonment with prison labor for special larceny, etc. on November 5, 2014, at the Daegu District Court on July 13, 2016, the Daegu District Court sentenced one year and four months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Daegu District Court on September 13, 2017, and completed the execution of the sentence from Daegu District Court on September 16, 2017.

[2] On October 17, 2020, the Defendant discovered a Dam6 vehicle parked by the victim C on the front of the Daegu-gu Office B, Daegu-gu, Daegu-gu, and opened a door and brought about KRW 5,80,000 in cash on the top of the Cho Jong-gu, the Defendant attempted to steals or steals other’s property over six times in total, as stated in the list of crimes in the annexed crime, from that time to November 13, 2020.

As a result, the defendant has been sentenced to imprisonment more than three times with prison labor due to larceny, and has committed larceny again during the period of repeated crime.

Summary of Evidence

1. A protocol concerning the examination of suspects of defendants who have made a statement in court;

1. Each police statement G, H, and I’s written statements with respect to E, C, and F (Evidence No. 7), investigation reports (Evidence List No. 17, 24, 28, 49, 63, and 64): A statement of inquiry about criminal records, etc., investigation reports (verification of the date of release), and Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 342, and Article 329 of the Criminal Act, Article 35 of the Criminal Act, the aggravated punishment of repeated crimes under Article 35 of the Criminal Act.

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