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(영문) 대구지방법원 2018.05.10 2018고단1400
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to imprisonment with prison labor for one year and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court on September 9, 2008, and was sentenced to two years for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the same court on September 7, 2010. On July 11, 2014, the Defendant was sentenced to one year and six months for special larceny, etc. at the branch court of the Daegu District Court, and the execution of the sentence was completed at the Daegu District Court on October 17, 2015.

[Criminal facts]

1. On September 15, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) around 09:45, Sept. 15, 2017, at the entrance of “E” operated by the victim D in Daegu-gu, Daegu-gu, Seoul-gu, the Defendant placed four (40,000,000,000 won of the market price of the victim’s ownership in a cooling house, which was not locked at the entrance of the said place, on September 15, 2017.

Accordingly, the defendant, who was sentenced to imprisonment not less than three times due to theft, etc., stolen the victim's property within three years after the execution of the sentence is completed.

2. On September 16, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) around 09:45, Sept. 16, 2017, the Defendant placed at around 09:45, at the places indicated in paragraph (1) around September 16, 2017, but did not lock at the entrance of the said place, the amount of 12,00 won at the market price of the victim’s possession, which was located in a cooling house, and carried 12 sick.

Accordingly, the defendant, who was sentenced to imprisonment not less than three times due to theft, etc., stolen the victim's property within three years after the execution of the sentence is completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A criminal investigation report (Attachment of on-site and CCTV photographs);

1. A photograph of the place of crime and a photograph of a CCTV image-fashion;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (the same criminal records of the suspect and the facts of repeated crimes);

1. Relevant Articles of the Act and the aggravated punishment, etc. of each specific crime as to the crime.

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