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(영문) 대구지방법원 2019.11.22 2019고단4397
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On March 21, 2007, 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, and was sentenced to three years of imprisonment for the same crime at the Daegu District Court on March 30, 2010, and was sentenced to two years of imprisonment for larceny in the same court on September 30, 2016. On July 20, 2018.

【Criminal Facts】

On August 2, 2019, at around 02:00, the Defendant: (a) went into the package of the victim C’s operation in Daegu Northern-gu B, Daegu-gu; (b) opened a tent at the entrance of the victim’s business after completing the business; and (c) intruded into the inside, and stolen the victim’s market price with 300,000 won or more (300,000 won), and with food, alcoholic beverages, etc. at the market price of KRW 60,00,000,000.

Accordingly, the defendant was sentenced to imprisonment not less than three times due to larceny, etc., and again, the defendant committed night structure intrusion larceny during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report on the occurrence of a theft crime, report on the results of field identification, request for genetic appraisal, inquiry into personal information of convict DNA, and inquiry into communications data;

1. A report on investigation;

1. Photographs of damaged articles;

1. Previous convictions: Criminal records, investigation reports (Evidence No. 15), each judgment, and the application of Acts and subordinate statutes concerning the current status of confinement of individuals;

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

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

1. Scope of punishment by law: One to ten years of imprisonment;

2. Scope of recommending punishment according to the sentencing guidelines [Determination of types of punishment] thief under the Act on the Aggravated Punishment of Specific Crimes [Class 1] joint habitual and repeated larceny [special multiple-secters]: In the area of mitigation of punishment [the area of recommending and the scope of recommending punishment], the area of mitigation of punishment (the area of recommendation and the scope of recommending punishment], one year to two years and six months;

3. Determination of sentence: The following circumstances and age of the defendant:

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