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(영문) 대구지방법원 서부지원 2016.10.06 2016고합129
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The seized brine 1 point, one portable brine, and one colored light.

Reasons

Punishment of the crime

[criminal power] On December 5, 1996, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. in the Daegu District Court Kimcheon-do, and was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Daegu District Court on August 4, 199, and was sentenced to one year and six months of imprisonment for the same crime in the same court on March 18, 2003, and completed the execution of the sentence in the first correctional institution of North North Korea on February 1, 2014 by the same court on February 16, 2012.

【Criminal Facts】

On May 18, 2016, the Defendant: (a) laid off a Rano vehicle of the victim D, parked in the front of the Seogugu, Seo-gu, Daegu, by inserting the arms with the chief window opened, removed a 400,000 won of the market price of the victim’s possession, which is attached on the front glass, from the time of the theft; and (b) temporarily stolen or attempted to steals items worth KRW 1,096,000, total market price of which is six times in total, as stated in the annexed crime list, from that time until July 18, 2016.

As a result, the defendant was sentenced to punishment twice or more for larceny, and habitually commits larceny within three years after the execution of the punishment is completed.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, D, F, G, H, and I;

1. Each protocol of seizure and the list of seizure;

1. Previous records of judgment: Criminal records, correspondence records, personal confinement status, and copies of each judgment;

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 fact that the same kind of crimes are repeated several times in a planned manner;

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329, 330 and 342 of the Criminal Act concerning the crime;

1. Punishment on February 1, 201, among repeated crimes, Article 35 of the Criminal Act;

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