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(영문) 대구지방법원포항지원 2020.08.13 2020고단695
상습절도
Text

The punishment of the accused shall be set forth in six months.

Reasons

Punishment of the crime

[criminal power] On May 14, 2008, the Defendant was sentenced to six months of imprisonment with prison labor for larceny in the Daegu District Court’s port branch, and on July 23, 2009, the same court was sentenced to eight months of imprisonment with prison labor for the same crime; on November 5, 2015, the same court was sentenced to one year of imprisonment with prison labor for larceny, etc.; on June 5, 2019, in the Daegu District Court’s port branch branch, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence on April 23, 2020.

【Criminal Facts】

At around 20:00 on April 28, 2020, the Defendant stolen one bicycle (Span social franchise 2016 sport typ) with a value of 1,700,000 won at the market price owned by the victim C, which was installed in front of the Northern-gu B at an port without correcting it.

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Each photograph;

1. Previous records: Criminal records, current status of personal confinement, and each judgment;

1. Habituality of judgment: Application of damp-style Acts and subordinate statutes in light of the fact that the criminal records, the number of crimes, and the same kind of crimes in the judgment are repeated;

1. Relevant Articles of the Criminal Act and Articles 332 and 329 of the Criminal Act concerning the crime. Article 329 (Selection of Imprisonment or Imprisonment);

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

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

2. Scope of recommending punishment according to the sentencing guidelines [Determination of punishment] for the larceny of general property [Type 2] general larceny [Special Aggravation of Punishment]: In cases of aggravation of punishment: In cases of the same type of repeated crime not falling under the aggravation of specific crimes, the basic area of the recommendation and the scope of recommendation], in cases of habitual crimes (the area of recommendation and the scope of recommendation], and in cases of six months through one year and six months;

3. In light of the fact that the sentence was imposed for the same kind of crime as stated in the motive and method of the sentence and the first head of the judgment, and that the period of repeated crime is still a period of repeated crime, the sentence of sentence against the accused is inevitable.

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