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(영문) 대구지방법원 안동지원 2019.06.27 2019고합16
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

[Criminal Power] On May 25, 2001, the Defendant was sentenced to two years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daegu District Court's Ansan Branch, and was sentenced to two years of imprisonment with prison labor for the same crime at the Daegu District Court's Daegu District Court on November 10, 2004. On April 12, 2007, the Defendant was sentenced to one year of imprisonment with prison labor for larceny.

On December 1, 2009, the Defendant was sentenced to one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On September 22, 2011, the Defendant was sentenced to imprisonment with prison labor for larceny in the Daegu District Court’s Ansan Branch. On July 4, 2014, the Daegu District Court was sentenced to one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On August 29, 2017, the Defendant was sentenced to imprisonment with prison labor for larceny and two months in the Daegu District Court's Ansan Branch on August 29, 2017, and completed the execution of the sentence on July 31, 2018.

【Criminal Facts】

On February 2, 2019, the Defendant opened and opened a door of the victim D’s E high-speed car parked in the “C cafeteria,” which is located in B at the permanent residence on February 14:30, 2019, and carried 53,000 won in cash and cash.

As a result, the defendant was sentenced to punishment twice or more due to habitual larceny, and habitually stolen the victim's property within three years after the execution of the sentence is completed.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Each protocol of seizure and each list of seizure;

1. Investigation report, investigation report (Attachment of photographs of seized objects), investigation report (Attachment of photographs of damaged vehicles), investigation report (Attachment of photographs), investigation report (Attachment of photographs of reported vehicles), investigation report (Attachment of 112 report cases) and investigation report (Attachment of CCTV data at the site of accident);

1. Previous convictions in the judgment: A criminal investigation report (Attachment of the results of the suspect A search), investigation report (Attachment of the judgment, etc. of the same kind of suspect), investigation report (Attachment of the judgment, etc. of the same kind of suspect), inquiry report such as criminal records, investigation report (report on the confirmation of the release of a suspect), and investigation report;

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