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(영문) 대구지방법원 경주지원 2019.06.27 2019고단180
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal power] On August 14, 2013, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny, etc. at the inner branch of the Chuncheon District Court, and on March 28, 2014, the Defendant was sentenced to 4 months of imprisonment with prison labor for larceny, etc. and 8 months of imprisonment with prison labor for 4 months of imprisonment with prison labor for larceny, etc. on October 12, 2016, and on December 7, 2017, the Defendant was sentenced to 1 year of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the same support on December 7, 2017, and completed the execution of the sentence in the port prison on October 16, 2018.

【Criminal Facts】

On March 16, 2019, at around 13:19 on March 16, 2019, the Defendant: (a) committed a theft of property owned by the victims or attempted to commit a total of three times from March 13:32, 2019, by taking cash of 126,000 won from the temporary bank owned by the victim D, which was located on his/her book; and (b) from March 16, 2019 to March 13:32, 2019.

Accordingly, the defendant was sentenced to imprisonment more than three times with prison labor due to the crime of larceny and the crime of larceny and the crime of larceny and the crime of attempted larceny within three years after the execution of the sentence is completed.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Each statement;

1. Investigation report (verification of the facts during the period of the same kind of power and repeated crime) - One copy of each judgment, and one copy of the current status of confinement for each individual; and

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

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

1. Articles 11 and 55 (1) 3 of the Criminal Act for statutory mitigation;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.

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