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(영문) 대구지방법원안동지원 2020.12.16 2020고단333
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On December 4, 2013, the Defendant was sentenced to one year and one year and four months of imprisonment for a special larceny in the Daegu District Court’s Ansan Branch, and on September 11, 2015, the same court was sentenced to one year and six months of imprisonment for a special larceny; on March 28, 2017, the same court was sentenced to one year and six months of imprisonment for a habitual special larceny; on September 11, 2018, the same court was sentenced to ten months of imprisonment for a criminal punishment in the same prison on May 29, 2019.

【Criminal Facts】

At around April 20, 2020, the Defendant: (a) committed a theft of the amount equivalent to KRW 550,000,000 at the victim DNA owned by the Defendant, a victim D; and (b) committed a theft of the amount equivalent to KRW 550,00,00 in front of the “C” located in permanent residence B at around April 20, 202.

Summary of Evidence

1. Written statements of the defendant in court;

1. Report on occurrence (thief), internal investigation report (including attachment of a bicycle photo, etc.), five photographs, five photographs, investigation report (and tracking the same line before and after committing a suspect), investigation report (specific suspect), CDs stored in CV video data, criminal investigation report (Attachment of a suspect photograph), four photographs, investigation report (verification of a place where a stolen bicycle is abandoned by a suspect), three photographs, investigation report (determination of amount of damage), one receipt, one preliminary investigation report (determination of amount of damage), and one preliminary investigation report: The application of criminal records, etc., investigation report (approval of rate change, attachment of the same kind and repeated power), seven copies of the decision, and the application of Acts and subordinate statutes on the status of acceptance by individuals;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime committed;

1. Article 35 of the Criminal Act among repeated crimes;

1. In full view of various circumstances revealed in the records and the trial process, the Defendant committed the instant crime in a state of insufficient loyalty and behavioral restraint capacity, such as being under trial by the Daegu Family Court-dong Branch 2020Hu1015, Jul. 14, 2020 as a disabled person with severe intellectual disability under Articles 10(2) and 55(1)3 of the Criminal Act.

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