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Reasons
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(영문) 대구지방법원 2013.08.13 2013고단3672
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for a term of one year and nine months.

Reasons

Punishment of the crime

On August 23, 2003, the Defendant was sentenced to a fine of 300,000 won for larceny; on April 15, 2008, from the Daegu District Court sentenced to a suspended sentence of 2 million won for larceny, etc.; on March 10, 2009, from the Daegu District Court sentenced to a fine of 2 million won for larceny, etc.; on May 11, 2010, the Defendant was released on December 24, 2010 during the execution of the sentence; and on April 8, 2011, on April 6, 2012, the Defendant was sentenced to a fine of 5 million won for larceny, etc.

1. Around 04:00 on May 25, 2013, the Defendant habitually stolen ELMB bicycle around 3.95 million won at the victim E-owned market in front of the park following the D Public Security Center located in Daegu-gu, Daegu-gu, Daegu-gu, and then thefted ELMB bicycle around 3.95 million won.

2. Embezzlements of lost possession;

A. On May 20, 2013, the Defendant, at around 01:00, did not take necessary procedures such as discovering the victim G’s agricultural card and a new card and returning it to the victim before a separate removal site for garbage in front of the Daegu-gu apartment site, Daegu-gu, Daegu-gu, Seoul-gu, without following the necessary procedures, and embezzled it on one’s own thought to have.

B. Around 01:00 at the end of May 2013, the Defendant, at the time of 01:0, embezzled, without following necessary procedures such as discovering one unit of ELS mobile phone at the market price of the victim H owned by the Defendant at the Daegu East-gu Coast Guard, Daegu-dong Coast Guard, Daegu-dong Coast Guard, and returning it to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of H and E;

1. G statements;

1. Seizure records and photographs;

1. Investigation report (as to calculation of the amount of damage prescribed in subparagraph 3);

1. Previous convictions indicated in judgment: Criminal history records, investigation reports, investigation reports (verification of the expiry date of execution of punishment), and investigation reports (Attachment of the same type of judgment);

1. Habituality of the judgment: The records of each crime, the method of the commission of the crime, and the same.

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