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(영문) 대구지방법원 2014.05.13 2014고합61
특정범죄가중처벌등에관한법률위반(절도)
Text

1. The defendant shall be punished by imprisonment for three years;

2. At least one divers (No. 1) and one divers (dated. 1) as seized.

Reasons

Punishment of the crime

The Defendant, at the Daegu District Court on September 1, 2005, sentenced one year and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and sentenced three years to imprisonment for the same crime in the same court on May 9, 2007, and on February 9, 2011, sentenced three years to imprisonment for the same crime in the same court on November 28, 201, and had six further criminal records in addition to the completion of the execution of the sentence.

At around 04:00 on December 5, 2013, the Defendant, using the date Raber, prepared in advance for the operation F of the Victim E in Daegu-gu, Daegu-gu, and then stolen 300,000 won in cash owned by the victim and attempted to steals 3,882,50 won in cash over 17 occasions from around that time to January 18, 2014, as shown in the list of crimes in the attached Table, the Defendant stolen or attempted to steals 3,882,50 won in cash.

As a result, the Defendant habitually stolen or attempted to steals the amount of 3,882,50 won in cash owned by 17 victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Each written statement of E, I, J, K, L, M, N, P, Q, Q, R, T, U,V, and W;

1. Police seizure records;

1. Each investigation report (including accompanying documents), each field inspection report, and each field inspection report;

1. Previous records before ruling: Criminal history records, investigation reports, and investigation reports (verification of attachment of the same type of electric power judgment and the expiration of term of punishment);

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 continuous and repeated crimes of the same kind in the judgment;

1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 330, 331 (1), and 342 of the Criminal Act concerning the relevant criminal facts and Articles 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, excluding

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act.

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