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(영문) 대구지방법원 서부지원 2015.01.29 2014고합210
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

No. 1 (No. 1), 1000,000,0000,000.

Reasons

Punishment of the crime

[Criminal Power] On November 22, 2006, the Defendant was sentenced to imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daegu District Court Kimcheon Branch on November 22, 2006; six months from the Daegu District Court Kimcheon Branch on November 7, 2007; two years from the imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Western District Court Branch on March 19, 2009; on July 14, 201, the Defendant was sentenced to three years from imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; and on April 29, 2014, the Defendant was sentenced to ten years from the imprisonment with prison labor for the same kind of power as the termination of the execution of the sentence in the Daegu District Court.

【Criminal Facts】

On August 14, 2014, around 14:00, the Defendant cut off KRW 1,67,000, total amount of KRW 1,67,000 of the victims’ cash, etc., over 11 times, as indicated in the separate list of crimes, from around November 6, 2014, the Defendant: (a) taken the victim’s tobacco heart to the said victim; (b) taken the victim’s cash 50,000, within the Kitter’s Kitter’s safe at the place where the victim was located; and (c) taken the victim’s cash 50,000,000, in total, from

Accordingly, the defendant was sentenced to two or more times for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and again stolen another's property within three years after the execution of the sentence was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to D, F, and G;

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

1. Seizure records;

1. Each photograph;

1. Each internal investigation report and each investigation report;

1. Previous convictions in judgment: Criminal records and investigation reports (in the past confinements and investigation reports of suspects, details of cases, and attachment of data related to criminal records);

1. Habituality of the judgment: The records of each crime, the number of crimes, the frequency of crimes, and the number of larcenys who were previously punished are similar to the crime of this case, and the defendant repeatedly commits each of the crimes of this case during the period of repeated crimes.

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