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(영문) 대구지방법원 포항지원 2019.10.02 2019고단1067
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On December 3, 2010, the Defendant was sentenced to a suspended sentence of one year and six months for night buildings, intrusion upon buildings, larceny, etc. at the Changwon District Court’s Tongwon District Court’s Tong branch, and on February 12, 2013, the Defendant was sentenced to a suspended sentence of one year and six months for larceny, etc. at the same court on February 12, 2013. On March 25, 2014, the Defendant was sentenced to a sentence of one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Jinwon District Court’s Jinwon District Court’s Jinwon Branch branch on April 6, 2016. On February 15, 2017, the Defendant was sentenced to one year for a prison on February 15, 2017, and the execution of the sentence was terminated on September 7, 2017.

【Criminal Facts】

On August 20, 2019, the Defendant: (a) around 11:15, at the “Clives bank” located in the 3rd floor of the building in the Northern-gu B building in the Plives bank, the victim D, who is the manager of the clives bank, opened the clives of the clives in the toilet at the Slives of the said clives and cut off 40,500 won in cash, including two clives of the clives of the clives, two clives of the clives of the clives and managed by the victims

Accordingly, the defendant was sentenced to imprisonment more than three times with prison labor due to larceny, etc., and larceny was committed within the repeated crime period.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Each photograph, CCTV image CD;

1. Previous records: Criminal records, results of search by prisoners, report on the results of investigation before and after disposition, and application of Acts and subordinate statutes (Attachment to criminal records and court records of the same kind of suspect);

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. 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. The scope of the recommended punishment according to the sentencing criteria (the decision of types) shall be the thief under the Specific Crimes Aggravated Punishment Act.

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