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(영문) 대구지방법원 서부지원 2017.10.18 2017고단1739
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant was sentenced to ten months of imprisonment with prison labor for larceny at the Daegu District Court on March 19, 2003; on September 9, 2005, the same court was sentenced to ten months of imprisonment with prison labor for special larceny; on May 21, 2009, the Defendant was sentenced to six months of imprisonment with prison labor for larceny; on February 17, 2012, the same court was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the same court on February 20, 2014; and on June 3, 2015, the Defendant was sentenced to one year and six months of imprisonment with prison labor for attempted larceny at the same court on February 20, 2014.

Criminal facts

1. On June 29, 2017, around 00:18, the Defendant: (a) placed the hand in front of the Daegu-gu Seoul-gu Da Apartment Complex D cafeteria, which was parked by the victim E, and cut off the hand, and then cut off the cash of 450,000 won of the victim who was in the household.

2. On July 12, 2017, at around 02:45, the Defendant discovered that the victim I parked the J-vehicle in front of the H-use room located in Daegu-gu, Daegu-gu, while leaving the vehicle, and locked into the driver’s seat, opened a steering door, opened the victim’s hand, and taken the victim’s cash into the right part of the right part of the right part of the victim, and did not go against the victim’s attempted attempt.

Accordingly, the defendant was sentenced to imprisonment more than three times due to larceny, and again committed larceny and larceny during the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of a witness I;

1. Each police statement with regard to I or L;

1. Each E and M statement;

1. Report on occurrence (thief), report on internal investigation, investigation report (Attachment of clothes and photographs earned at the time of committing a crime), investigation report (investigation of shots);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the period of repeated offense);

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

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