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(영문) 대구지방법원 2020.08.13 2020고단2670
특정범죄가중처벌등에관한법률위반(절도)등
Text

Defendant shall be punished by imprisonment with prison labor of one year and six months and by a fine of three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On March 12, 2002, the Defendant was sentenced to three years of imprisonment and a fine of 200,000 won for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Daegu District Court on March 12, 2002; on October 14, 2008, to two years of suspension of execution and a fine of 30,000 won for a year of imprisonment with prison labor for larceny, etc. at the same court on December 22, 2009; on February 2, 2012, the Defendant was sentenced to imprisonment with prison labor for 8 months and a fine of 300,000 won for larceny, etc. at the same court on July 9, 2015; on August 10, 2016, the Defendant was sentenced to imprisonment with prison labor for 300,000 won for a crime of habitual larceny; on February 22, 2018, the Defendant was sentenced to imprisonment with prison labor for 301 year and 14 years.

Criminal facts

1. Around November 19, 2019, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (thief) committed a theft of the victim’s property by getting off the victim’s C, a victim C, who was posted a key at the front of the Daegu-gu B-ro, Daegu-gu, Seoul-gu, with a view to sticking the key.

Accordingly, the defendant was sentenced to imprisonment more than three times due to larceny, etc., and again stolen the victim's property during the repeated crime period.

2. From around 08:30 on November 19, 2019 to around 16:00 on December 15, 2019, the Defendant driven the above Obaba without obtaining a driver’s license on the section of the motor vehicle from the Daegu Seo-gu to December 15, 2019.

Summary of Evidence

1. For previous records on the preparation of a written statement C in the Defendant’s legal statement, investigation reports, and photographs attached thereto: Criminal history records, etc. inquiry reports, preliminary records of dispositions, investigation reports, current status of personal confinement attached to investigation reports (report on the confirmation of repeated crimes), case summary agreements, auxiliary meetings, and applicable Acts and subordinate statutes of each instance;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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