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(영문) 대구지방법원 2013.10.17 2013고단5051
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

On February 24, 1999, the Defendant was sentenced to imprisonment with prison labor for 6 months or 2 years of suspension of execution for larceny; imprisonment with prison labor for 8 months or more for larceny; on July 15, 199; imprisonment with prison labor for 10 months in the Daegu District Court on June 25, 2009; imprisonment with prison labor for night-time larceny; imprisonment with prison labor for 10 years in the Daegu District Court on December 7, 2010; and completed the execution of the sentence in the Daegu District Court on October 30, 201.

In order to punish money without any specific occupation, the Defendant returned to the gas station or Section at night in Daegu Northern-gu, Daegu-gu, and had the Defendant scam to steal the subject of the crime, and to steal the property after advertising the subject of the crime.

On July 28, 2013, at around 02:49, the Defendant entered and damaged the e filling station managed by the victim D in Daegu Northern-gu, Daegu Northern-gu, by putting the lock-out lock-out system for accelerators in his/her hand, 30,000 won in total, and used 30,000 won in cash from April 4, 2012 to August 20, 2013, as indicated in the list of crimes, the Defendant carried out or attempted to carry out cash, etc. totaling 545,00 won in the market value over 14 times in total, as indicated in the list of crimes.

Accordingly, the defendant habitually stolen or attempted the victims' property 14 times.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of D police statement;

1. Each statement in the preparation of D, F, G, H, I, and J;

1. Reports on occurrence of each incident, and reports on results of field identification;

1. Previous convictions in judgment: Criminal records and investigation reports (verification, etc. of suspect criminal records);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 342 of the Criminal Act concerning the crime;

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

1. Discretionary mitigation;

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