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(영문) 대구지방법원 2018.06.26 2018고단1968
특정범죄가중처벌등에관한법률위반(절도)등
Text

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

Reasons

Punishment of the crime

On November 6, 2007, the Defendant was sentenced to 10 months of imprisonment with prison labor for larceny, etc. at the Daegu District Court, and on February 23, 201, the same court was sentenced to 10 months of imprisonment with prison labor for night structure intrusion larceny, etc. on February 14, 201, and on July 5, 201, the same court was sentenced to 1 year of imprisonment with prison labor for larceny, etc. on February 14, 2014, and on July 5, 2016, the Defendant was sentenced to 1 year of imprisonment with prison labor for larceny, etc. at the deep detention house on April 5, 2017.

Criminal facts

1. On March 30, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., theft) committed an intrusion upon residence and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., theft) by intrusion upon the victim D in Daegu North-gu, Daegu North-gu, in excess of the said gate, and by intrusion upon the victim D, one air-conditioner at the market price of 42,000 won, and one electric cable at the market price of 42,000 won in total, and stolen property worth 84,000 won in total.

As a result, the defendant intrudes upon the victim's residence, was sentenced to imprisonment more than three times due to larceny, etc., and stolen property again during the repeated crime period.

2. On April 2, 2018, the Defendant infringed upon the victim’s residence by putting the gate into the gate and putting the gate into the gate and putting the gate into the gate with the intent of thefting the property, as seen above, following the Defendant’s intrusion upon the victim’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A gene appraisal report;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment report, such as the judgment of the past record of the relevant type of crime), and statutes;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 329 of the Criminal Act (a special circumstance is the theft of repeated crimes), Article 319 (1) of the Criminal Act concerning the crime (a point of intrusion upon residence and a choice of imprisonment with labor);

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment [the scope of recommending punishment] under the Specific Crimes Aggravated Punishment Act.

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