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(영문) 대구지방법원 서부지원 2014.07.10 2014고합75
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant 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 in the Daegu District Court on June 29, 2004, and was sentenced to two years and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daegu District Court on May 24, 2006, and was sentenced to two years and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seo branch of the Daegu District Court on August 28, 2008, and was sentenced to three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daegu District Court on April 19, 201.

Criminal facts

On April 3, 2014, the Defendant discovered that the victim’s E-car was stopped at the close of the victim D’s residence located in Jinju-si, and opened a door of the non-Correctioned vehicle and stolen property worth KRW 3,402,000 in total market price over 12 times from that time to May 5, 2014, including one cell phone charging machine with the victim’s cell phone amounting to KRW 10,000, the market price of which is equivalent to KRW 13,000, in the vehicle located in the vehicle.

Summary of Evidence

1. Defendant's legal statement;

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

1. Written statements of J, K, L and M;

1. Each protocol of seizure and list of seizure (at least 30-32 pages, 84-85 pages, 100-102 pages of investigation records);

1. Each report on investigation;

1. Previous records of judgment: References to criminal records and copies of written judgments;

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 repeated crimes of the same kind in the judgment;

1. Article 5-4(6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning criminal facts and the selection of punishment.

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