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(영문) 대구지방법원 2019.05.09 2019고단1452
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On September 7, 2011, the Defendant was sentenced to six months of imprisonment with prison labor for larceny in the Western District Court Branch of the Daegu District Court. On April 2, 2014, the Defendant was sentenced to one year and six months of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the Busan District Court’s Branch Branch of the Busan District Court, and on April 26, 2017, the Defendant completed the execution of the sentence in the Daegu District Court on August 31, 2017.

The Defendant, at around 17:00 on March 15, 2019, at the 17:00 Daegu Suwon-gu B, the victim D head was reduced, and the victim saw the key of the victim's clothes accumulated in his/her mouth and opened a clothes gate with his/her key and confirmed the bank and bank inside it, the Defendant was aware of the fact that the key was lost, and did not steals the victim's property.

Accordingly, the defendant was sentenced to imprisonment not less than three times with prison labor for larceny, and tried to steal property owned by the victim again, but attempted to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Previous convictions: Criminal records and investigation reports (verification of the period of repeated crime of a suspect, results of search of a suspect, confirmation of the date of release of a suspect, and attachment of judgment of the same kind of power, etc.);

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

1. Article 35 of the Criminal Act among repeated crimes;

1. The Defendant asserts to the effect that the attempted mitigation under Articles 25(2) and 55(1)3 of the Criminal Act constitutes an attempted suspension because he/she opened red bags and collected wallets, and that it constitutes an attempted suspension because he/she voluntarily retired from committing an offense by inserting the wall in the same way that he/she would not have been able to do so.

The act of commission of a crime shall be commenced and the act of commission of a crime shall be suspended according to its own free will before the crime is completed.

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