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(영문) 대구지방법원 김천지원 2018.07.10 2018고단503
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On December 12, 2014, the Defendant was sentenced to a suspended sentence of 8 months for special larceny, etc. at the Daejeon District Court, and on December 4, 2015, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny, etc. and 6 months of imprisonment with prison labor for a special court. On November 7, 2017, the Defendant was sentenced to 6 months of imprisonment with prison labor for an attempted larceny by the same court and completed the execution of the sentence on March 19, 2018.

[Criminal facts] The Defendant, at around 17:15 March 30, 2018, opened a steering door that is not set aside in the EN city car parked in the BN city located in Gumi-si, Gumi-si, and taken 150,000 won from the wall that was on the top of the Haf, who was on the top of the Haf, to the victim F.

In addition, from May 7, 2018, a total of KRW 168,800,000 owned by the victims was stolen, from that time until May 7, 2018, as shown in the list of crimes committed in the annexed crime list.

Accordingly, the defendant was sentenced to imprisonment not less than three times for special larceny, larceny, or attempted larceny, and he again committed larceny during the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, G, H, I, J, K, L, M and N;

1. Seizure records;

1. A written appraisal;

1.Each photograph, c.

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a report on investigation (Attachment to the same criminal record and the same criminal record), a report on investigation (criminal record of larceny), each judgment, and the application of Acts and subordinate statutes concerning personal confinement;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime as prescribed in the corresponding Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds) of the Act on the Reduction of Small Amount, the Defendant opened a door to the nine victims’ car and stolen cash.

The defendant has already been subject to criminal punishment on five occasions, including four times of imprisonment with prison labor, due to theft crimes, and the execution of final imprisonment with prison labor.

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