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(영문) 대구지방법원 2020.10.20 2020고단4419
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

[criminal power] On September 14, 2007, the Defendant was sentenced to a suspended sentence of 8 months for larceny, etc. at the Seoul Western District Court, and was sentenced to 1 year and 2 months for special larceny, etc. at the Daegu District Court on June 11, 2009, and was sentenced to 1 year and 3 months for larceny, etc. on October 16, 2013, and was sentenced to 1 year and 1 year and 6 months for imprisonment for larceny, etc. at the Daegu District Court on June 19, 2019, and completed the execution of the sentence at the Daegu Detention District Court on May 21, 2020.

【Criminal Facts】

1. On July 2020, the Defendant: (a) opened a door that was not corrected by a C-Sa-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P/

2. Around August 1, 2020, the Defendant, around August 1, 2020, opened a door that was not corrected by a F passenger vehicle parked in the Gyeongdong parking lot located in the Gyeongdong-gun E, Chungcheongnam-gun, and entered the door, and stolen the cash, one hundred thousand won, which was owned by the victim G, which was kept in the Contacsh, with the victim G.

As a result, the defendant was sentenced to imprisonment more than three times with prison labor for larceny and was sentenced to larceny again over two times within three years after the execution of the sentence is completed.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of G and D;

1. Other closure photographs of each CCTV image;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification as to whether a suspect has repeated crimes), and application of Acts and subordinate statutes on the status of accommodation of each individual;

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 among repeated offenders [Cases where a criminal record of larceny, etc. was committed on June 19, 2019]

1. Of concurrent crimes, the former part of Article 37, Articles 38(1)2, 50 and 42 of the Criminal Act are applicable;

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