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(영문) 대구지방법원 2020.04.10 2020고단626
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

【Criminal Power】 On December 19, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Daegu District Court, three years of probation, and the sentence was finalized on July 13, 2015 at the Daegu District Court on June 25, 2015, which became final and conclusive on July 13, 2015. On July 20, 2017, the Defendant was sentenced to ten months of imprisonment with prison labor for larceny at the Daegu District Court on July 20, 2017, and completed the execution of the sentence on December 14, 2019.

【Criminal Facts】

1. On January 4, 2020, the Defendant attempted theft against the victim B: (a) opened a door of a vehicle not corrected by the victim B in the D public parking lot located in Daegu-gu, Daegu-gu, Daegu-gu, and followed the inside of the vehicle; (b) but did not perform the attempted theft due to the lack of cash.

Accordingly, the defendant was sentenced to imprisonment more than three times with prison labor due to larceny, and attempted to steals the property of the victim during the period of repeated crime.

2. On January 23, 2020, at around 01:56, the Defendant: (a) opened a vehicle door that was parked by the Victim F in the “H” parking lot located in Daegu-gu Daegu-gu, Daegu-gu, and stolen the vehicle door with KRW 702,50,00, a cash owned by the victim in the driver’s seat container (K5).

Accordingly, the defendant was sentenced to imprisonment more than three times with prison labor for larceny, and stolen the victim's property during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement in F and B;

1. Each investigation report and internal investigation report;

1. Photographss and damaged photographs of CCTV at the damaged scene;

1. Previous records: Criminal records, investigation reports (examination of repeated crimes, filing of decisions related to related cases), court rulings, and application of Acts and subordinate statutes to the current status of personal confinement;

1. Article 5-4 (5) 1 and Article 5-4 (5) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime

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