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(영문) 대구지방법원 서부지원 2018.08.09 2018고합109
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal records] On June 25, 2013, the Defendant was sentenced to imprisonment with prison labor for one year and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seo-gu District Court Branch Branch of the Daegu District Court on January 6, 2017, and was sentenced to imprisonment with prison labor for habitual larceny on January 6, 2017, and the execution of the sentence was terminated in the Incheon Juvenile Prison on April 16, 2018.

[2] On May 15, 2018, the Defendant habitually posted the “Et D” operated by the “Et” corporation, Inc., Ltd., located in Seogu-gu, Daegu-gu, Daegu-gu, about 14:00 on May 15, 2018, included 30 copies of the total market value of KRW 88,700,000, and 5 copies of the clothes filled in the spam spam, which were spambling five copies of the spam spam, and stolen them thereafter.

5. Until December 22, 200, up to eight times in total, the total market price of the victims owned by the victims, such as the list of crimes in the attached Form, was cut off with food equivalent to KRW 897,740.

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 E, F, and G;

1. A H statement;

1. Receipts, damaged objects photographs, CCTV photographs, CCTV photographs, video CDs, and field photographs;

1. Previous convictions: A written reply to inquiries, such as criminal history, court rulings, and current status of acceptance of individuals;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime;

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to twenty-five years; and

2. The scope of punishment recommended on the sentencing criteria [the types of larceny].

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