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(영문) 대구지방법원 안동지원 2015.05.14 2015재고합2
특정범죄가중처벌등에관한법률위반(절도)
Text

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

One (No. 1), 18cc. d'b. d'b. d'b. d'b. 16cc.

Reasons

Punishment of the crime

On April 21, 2006, the Defendant was sentenced to a suspended sentence of three years for a crime of larceny in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Gwangju District Court's 2006, and was sentenced to two years and six months for the same crime at the Changwon District Court on February 8, 2007, and was sentenced to three years for imprisonment for the same crime on December 24, 2010 and completed the execution of the final sentence on October 22, 2013, and was sentenced to three years for the same crime.

On March 15, 2014, around 20:20 permanent residence, the Defendant: (a) opened an object box by means of milching the Raber, which was prepared in advance, between the 4th floor of “D Scena,” located in C, using the gaps of surveillance negligence; and (b) cut off cash of KRW 210,000,00, which was incurred on the part of the victim E-owned Scena, located in the said location.

Accordingly, the defendant habitually stolen the victim's goods.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. A report on internal investigation:

1. Previous records before ruling: Criminal records, etc. inquiry reports, personal identification and confinement status, investigation reports (Binding records of the same type of power);

1. Habituality of the judgment: In light of the records of each crime in the judgment, and the fact that the defendant committed the crime in the instant case with the same criminal method as that of the previous criminal records again within the short time after release, it is recognized that the criminal defendant committed the crime in the instant case.

Application of Statutes

1. Relevant Articles of the Criminal Act and Articles 332 and 329 of the Criminal Act concerning the crimes;

2. Article 35 of the Criminal Act among repeated crimes [Article 35 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes)]

3. The crime of this case with the reason for sentencing under Article 48(1)1 of the Criminal Act was committed habitually by the Defendant, and the Defendant had been punished nine times or more prior to the crime of this case, and the Defendant had been punished for larceny.

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