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(영문) 대구지방법원 김천지원 2017.07.12 2017고단753
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 22, 2002, the Defendant was sentenced to 10 months of imprisonment with prison labor for larceny, etc. at the Seoul Northern District Court, and on February 6, 2015, the Defendant was sentenced to 1 year and 3 months of imprisonment with prison labor for larceny from the Daegu District Court’s support for Kimcheon on September 8, 2016, and was sentenced to 1 year and 3 years of imprisonment with prison labor for larceny on May 19, 2017 from the Daegu District Court’s support for Kimcheon-cheon on September 8, 2016.

On May 30, 2017, at around 00:50 on May 30, 2017, the Defendant stolen the amount of KRW 27,000 in cash owned by the victim E, which was located adjacent to another credit cooperative, in a crepan where surveillance was neglected at the 2nd female bath room located in Kimcheon-si, Kimcheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of F and E;

1. Police seizure records;

1. Previous convictions: Application of a reply to inquiries, such as criminal history, investigation report (Attachment to the same type of judgment, etc.), ten copies of the judgment, and one copy of the personal confinement status;

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. Although there are extenuating circumstances, such as the fact that the defendant's reason for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act reflects his mistake, the amount of damage is minor, and the defendant agreed with the victim, the defendant's past record of punishment for the crime of larceny of the same kind is nine times a sentence. The defendant's past record of punishment for the crime of robbery of the same kind is also nine times a sentence, and the defendant's past record of punishment for the crime of robbery of the same kind is also three times a sentence, and there is a need for strict punishment in that he commits the crime of larceny of this case of the same law only ten days a prison term.

In addition to the above circumstances and the defendant's age, sexual conduct, environment, family relationship, motive and circumstance of the crime, and the circumstances after the crime, all of the sentencing conditions mentioned in the instant case shall be determined as ordered.

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