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(영문) 대구지방법원 상주지원 2015.02.12 2015고합5
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

[Criminal Power] On June 27, 2008, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in the resident support of the Daegu District Court, and was sentenced to three years of imprisonment for the same crime on January 12, 2012 and completed the execution of the sentence in Daejeon Prison on December 2, 2014 and was punished several times for the same crime.

【Criminal Facts】

1. On December 23, 2014, around 18:30 on December 23, 2014, the Defendant brought 1 female coke at the market price equivalent to 180,000 won owned by the victim D, located in the front of the clothing store operated by the victim D, “E”.

2. On December 23, 2014, the Defendant: (a) around 19:50 on December 23, 2014, the Defendant: (b) opened a front door of the victim’s freezing tower, which was parked in the “H Dried landing point,” which was operated by the victim G in the Gyeong-si, G, and brought one flasher equivalent to KRW 680,000 at the market price of the victim’s possession.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and D;

1. Records of seizure and the list of seizure;

1. Reporting on internal investigation of a suspected criminal suspect, occurrence of a thief incident, arrest of a suspected criminal suspect, and reporting on internal investigation (at the time of dispatch to the site, etc.);

1. A previous conviction in judgment: A statement of criminal records, a criminal investigation report (report on the current status of custody and confinement by individual, the same kind, and a report on the judgment);

1. Habituality of judgment: Application of damp-style Acts and subordinate statutes in light of the fact that each crime has been committed repeatedly at the time when the punishment is imposed for the same kind of crime and the execution of the punishment has not been completed within one month;

1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the relevant criminal facts, the selection of a limited term of imprisonment;

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

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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