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(영문) 대구지방법원 상주지원 2009.08.06 2009고단34
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Seized evidence shall be confiscated as provided for in subparagraphs 1 through 3 and 5 through 6.

Reasons

Punishment of the crime

On October 21, 1994, the Defendant was sentenced to a suspended sentence of one year for special larceny at the Busan District Court. On November 13, 1996, the Defendant was sentenced to a suspended sentence of one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in the resident support area at the Daegu District Court. On May 10, 2004, the Defendant was sentenced to a suspended sentence of three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Suwon District Court. On November 30, 2006, the Defendant was sentenced to a suspended sentence of three years for a suspended sentence of two years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Suwon District Court. On June 15, 200

On July 2007, the Defendant: (a) opened a rocketing car door owned by the victim E at the street in front of the D Hospital located in the Gyeongyeong-si, Gyeongyeong-si; (b) caused the theft.

The Defendant, including that, from around that time to January 26, 2009, stolen money and valuables equivalent to KRW 19,218,500 over 42 times, as stated in the list of crimes in the attached list.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, F, G, H, I, J, K, L, and M;

1. Written statements of N,O, P, Q, Q, R, TR, U, V, W, Y, Z, AAA, AB, AC, AD, AE, AE, AF, AH, AI, AJ, AK, AL, AmM, AO, AP, AP, Q, and AS;

1. A copy of a report on initial measures against each theft incident;

1. Each police seizure record and the list of seizure;

1. Previous convictions: Criminal records and investigation reports (report on the results of confirmation before and after disposition, report on attachment of a criminal suspect-related judgment, report on the date of release of a criminal suspect, and termination of execution of punishment);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned manner;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act, comprehensively including the corresponding Act on the Aggravated Punishment, etc. of Specific Crimes and the choice of punishment;

1. The proviso of Article 35 and the proviso of Article 42 of the Criminal Act among repeated crimes;

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