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(영문) 대구지방법원 2014.06.13 2014고합186
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On June 23, 2004, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the Daegu District Court’s Port Branch. On July 11, 2007, the Defendant was sentenced to three years of imprisonment with prison labor for the same crime, etc. at the Daegu District Court, and on May 11, 2010, five times of criminal records of the same kind other than the completion of the execution of the sentence.

On January 25, 2014, at around 15:10 on January 25, 2014, the Defendant habitually opened and opened a correction door for a vehicle from Dgallon C owned by the victim C using Dgallon, which was parked at the parking lot for the Pgallon service area for the Pgallon located in Sinsan-Eup, Gyeonggi-do, at around 15:10,000 won, including the theft of U.S. currency equivalent to USD 4.550,000 in cash owned by the victim from November 24, 2012 to January 25, 2014, the Defendant used or attempted to steal, in all of the above methods, goods, such as KRW 2,197,00,00, in cash, or attempted to steal, and attempted to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Each report (including respective statements of larceny, F, G, H, I, J, K, and C), investigation reports (including attached documents), internal investigation reports, and reports on field identification;

1. Previous convictions: Criminal records and investigation reports (Attachment of criminal records of the same kind of crime as a suspect, and confirmation of the date of release of a suspect);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the 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 and Articles 329 and 342 of the Criminal Act concerning the crime committed;

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

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

1. Three to twenty-five years of imprisonment with prison labor for a prison labor;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be type 1 of habitual larceny (general repeated theft).

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