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(영문) 대구지방법원 서부지원 2013.12.12 2013고단1093
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal power] On March 25, 2010, the Defendant was sentenced to a suspended sentence of 6 months for larceny in the Daejeon District Court’s Branch of the Daejeon District Court. On July 15, 2010, the Defendant was sentenced to a suspended sentence of 4 months for larceny, etc., and on October 6, 2010, the Cheongju District Court issued a summary order of 5 million won for larceny. On November 24, 201, the Defendant was sentenced to a suspended sentence of 1 year and 4 months for larceny, etc., and the execution of the sentence was terminated in the Mapo Prison on January 18, 2013.

【Criminal Facts】

On August 29, 2013, the Defendant discovered that the victim D was parked in the street in front of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant left the locking system by inserting the hand in a cresh, and then released the locking system on the vehicle, and then collected money and valuables equivalent to KRW 900,000,000, the market price of the vehicle kept in the vehicle.

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

Summary of Evidence

1. An interrogation protocol of the police against the accused (second time);

1. Records of seizure and the list of seizure;

1. Investigative report (Attachment of photographs of seized articles), investigation report (in relation to unclaimed articles, No. 5 and 7, any evidence seized to the suspect);

1. Details of the report on theft damage, CCTV photographs and investigation reports (the additional confirmation of the victim and telephone conversations or investigation into the victim) at the time of committing the crime by the accused;

1. Previous records: Attachment of a copy of the certificate of confinement, residents, criminal records, and investigation reports (Attachment of written judgments);

1. Habituality: The Defendant denied the commission of a crime in light of the circumstances, such as the criminal records, the number of crimes, and the period until the crime was committed after release. However, according to each of the above evidence duly adopted and investigated, the Defendant was in possession of the damaged article as at the time of arrest on August 31, 2013. However, the damaged article was owned by the victim, which was put into the vehicle on August 29, 2013, and the damaged article was put into the vehicle around 26:26.

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