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(영문) 대구지방법원 2016.06.03 2016고단1726
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

On June 21, 2007, the Defendant was sentenced to imprisonment with prison labor for larceny, etc., and on December 16, 2010, the same court was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Daegu District Court on March 22, 2013. On June 4, 201, the Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court on March 22, 2013, and completed the execution of the sentence on March 4, 2016.

On April 10, 2016, the Defendant discovered in front of the Seo-gu, Daegu-ro 87-ro, Seo-gu, Seo-gu, 3:8,000, that there is a rear window on the right side of the victim C, parked in the place, and then cut off a female-use room equivalent to KRW 178,000 in the market price owned by the victim, which was located in the vehicle by putting hand on the vehicle through its windows.

L. A. L. theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. A written statement, an investigation report (Attachment of a suspect's photograph taken on CCTV at a place where the damaged article is discovered), an investigation report (a confirmation of CCTV systems and attachment of photographs), an investigation report (a personal CCTV investigation into a place where the damaged article is discovered), or any description or image of a criminal investigation report;

1. Previous convictions indicated in the judgment: Application of respective Acts and subordinate statutes of a reply to inquiry, such as criminal history, and a report on investigation (referring to the attachment of the previous convictions and change of the reported crimes);

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2007Da11448, Apr. 1, 2007) are as follows: (a) Defendant was punished for the same kind of crime several times; and (b) Defendant committed the instant crime during the period of repeated crime; and (c)

However, the sentencing conditions that are favorable to the defendant, such as the fact that the crime of this case was committed once, and there were no profits acquired therefrom.

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