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(영문) 대구지방법원 서부지원 2019.07.11 2019고단1324
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

On January 19, 2012, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny, etc. at the Daegu District Court Kimcheon Branch on January 22, 2015, and was sentenced to 10 months of imprisonment with prison labor for larceny, etc. at the Daegu District Court on January 18, 2017, and was sentenced to 1 year and 6 months of imprisonment with prison labor at the Daegu District Court on January 18, 2017, and on May 24, 2018, the Defendant was sentenced to 1 year and 1 year of imprisonment with prison labor for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the Changwon District Court's Ski branch on May 7, 2

Criminal facts

On May 12, 2019, at around 10:40, the Defendant discovered a 30,000 won of the market price owned by the victim D, which was set up in the roads around the headquarters of the CUnion in Seo-gu, Daegu, Seo-gu, and cut the locks corrected by using the cutting machine to cut it.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. CCTV images, CCTV images of the suspect's tracking process, cut-out photographs of the scambling apparatus, and solid CCTV images;

1. Previous records: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to the same type of judgment);

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. Article 35 of the Criminal Act among repeated crimes;

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

1. Scope of punishment by law: Two to twenty years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of the type of punishment] under the Act on the Aggravated Punishment of Specific Crimes [Type 1] joint habitual and repeated larceny [the scope of the recommended punishment] [the scope of the recommended punishment] basic area, imprisonment with labor for a year and six months to three years [the scope of the recommended punishment revised according to the sentencing guidelines], two to three years (the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the sentencing range] [the person who is a general person].

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