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(영문) 대구지방법원 서부지원 2018.10.18 2018고합166
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

[2] On February 18, 201, the Defendant was sentenced to one year of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the branch court of the Busan District Court, and was sentenced to one year and six months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court on May 22, 2013. On March 26, 2015, the Daegu District Court sentenced one year and six months of imprisonment with prison labor for habitual larceny at the Daegu District Court on March 23, 2016 and completed the execution of the sentence at the Daegu District Court on August 23, 2016. On April 25, 2017, the Defendant was sentenced to imprisonment with prison labor for larceny from resident support of the Daegu District Court on January 13, 2018 and was punished nine times in total by larceny, etc.

[Criminal facts]

1. On June 21, 2018, the Defendant habitually stolen KRW 285,00,000, which is the cash owned by the victim from the victim E, located on his/her own, from around around 13:06, around 21, 201, to the “D Beauty C” located in Kim Jong-si, Kim Jong-si, Kim.

2. On July 27, 2018, from around 13:00 to 14:00 of the same day, the Defendant habitually stolen KRW 10,000 in cash on the part of the victim H, which was placed on a sopha, from “G beauty room” located in the Gyeongbuk-gun F in the Gyeongbuk-gun of North Korea. The Defendant stolen KRW 5,000 in the market price of the victim H, which was located on the sopha, and in the said area.

3. On July 27, 2018, the Defendant habitually stolen KRW 200,000,000 in cash, which was located on a so-called “J beauty room” in the “J beauty room” located on July 27, 2018.

As a result, the defendant was sentenced to punishment twice or more due to larceny, etc., and habitually commits larceny within three years after the execution of punishment is terminated or exempted.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to K and H;

1. E statements;

1. A police statement made with respect to photographs, CCTV photographs, and explanation thereof, CCTV images, and CCTV photographs;

1. Previouss before ruling: A reply to inquiries, such as criminal history, respectively;

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