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(영문) 대구지방법원 서부지원 2012.12.07 2012고단1266
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 June 26, 2008, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the military court of the Ministry of National Defense, etc., and on April 21, 2010, the Busan High Court sentenced to one year and eight months of imprisonment with prison labor for larceny, etc. at the Busan High Court, and on May 30, 201, released on May 14, 201 and the parole period expired.

In addition, on February 16, 2012, the Defendant was sentenced to 8 months of imprisonment with prison labor for night buildings, intrusion of buildings, larceny, etc. in the Western District Court Branch of the Daegu District Court on February 16, 2012 and completed the execution of the sentence at the detention house on August 26, 201

Criminal facts

On September 25, 2012, the Defendant, at around 20:00 on September 25, 2012, carried out one of the Samsung Gallon, which is equivalent to KRW 800,000, in the market value of the victim E-owned by the victim, who was placed on the second floor C’s water purifier at that place.

In addition, the Defendant, from around that time to October 23, 2012, stolen the property worth KRW 2,353,000, in total, four times from Kimhae-si, as shown in the annexed Crime List, respectively.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, G, E, and H;

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

1. Photographss of damaged articles and on-site photographs;

1. Previous convictions in judgment: A inquiry report and investigation report (formerly previous);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated in a planned manner;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the relevant criminal facts and Article 5-4 (1) of the Act on the Aggravated Punishment,

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

1. Reasons for sentencing [decision of types] of habitual larceny and repeated repeated larceny [decision of the recommended area] under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision).

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