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(영문) 대구지방법원 2017.07.14 2017고합246
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

【The Defendant was sentenced to one year and six months of imprisonment with labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court on March 11, 2011. On January 30, 2013, the Defendant was sentenced to three years of imprisonment with labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court on January 30, 2013. On March 3, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor for habitual larceny in the field of interest support at the Gwangju District Court on March 3, 2016 and completed the execution of the sentence at the Gwangju District Court on October

【The Defendant committed a crime at around 12:00 on December 2, 2016, in front of the Victim D’s house located in Daegu Jung-gu, Daegu-gu, the Defendant opened a victim’s house using the key attached to the victim’s main gate and stolen the goods inside the room, but the Defendant did not bring about thefts, and did not commit it to the attempted crime, since it did not bring about thefts. From around that time to April 19, 2017, the Defendant attempted to steals property or property worth KRW 1,170,000 in total on six occasions, as indicated in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, F, G, H, D, and I;

1. Each investigation report (the sequence 19,27 of the evidence list);

1. Previous convictions indicated in the judgment: A inquiry letter, such as criminal history, report on investigation (verification of the same type of force), and result of search of prisoners;

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 repeated crimes of the same kind in the judgment;

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 342 of the Criminal Act with respect to the crime (including cases) under the relevant Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to twenty-five years; and

2. The scope of the recommended punishment on the sentencing guidelines [the type of punishment] is the basic area of the second type (the habitual larceny) (the determination of the recommended area) of the Act on the Aggravated Punishment of Specific Crimes (the habitual larceny) [the recommendation area].

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