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(영문) 대구지방법원 포항지원 2018.06.14 2018고단464
특정범죄가중처벌등에관한법률위반(절도)등
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 22, 2012, the Defendant was sentenced to a suspended sentence of one year for special larceny at the Seoul Eastern District Court, and on February 18, 2013, the sentence of the suspended sentence was revoked. On May 30, 2013, the Defendant was sentenced to a two-year imprisonment for special larceny, etc. at the Seoul Northern District Court; on September 4, 2013, the Defendant was sentenced to a two-year suspended sentence for six-month due to special larceny, etc. at the same court; on January 6, 2014, the Defendant was sentenced to a three-month imprisonment for special larceny, etc. at the same court; on February 2, 2017, the Ulsan District Court sentenced the Defendant to a one-year imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence on December 8, 2017.

[Criminal facts]

1. On April 5, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) committed a theft of or attempted to steals property of approximately KRW 53,000,000, market price of KRW 53,000 from that time until April 15, 2018, from around 23:0 to 23:0,000, in front of the Hau-gu 20-ro, Nam-gu, Nam-gu, Seoul, and the victim C, parked, by opening a door in which the victim C was not locked, and with one smart key in the market price in the vehicle, from that time to April 15, 2018.

Accordingly, the defendant, who has been sentenced to imprisonment not less than three times due to larceny, has attempted to steal or steal the victims' property during the repeated crime period.

2. On April 10, 2018, the Defendant illegally used a vehicle: (a) drive the said vehicle from around 3 km to the Hancheon-gu Nowon-dong river of the same Dongcheon-gu, in the direction of the 20-ro 23 Do-ro, Nam-gu, Nam-gu, Chungcheongnam-gu, and the 20-ro Do-ro 23 Do-ro, as described in the foregoing paragraph 1, via the smart key of the victim C, which stolen the said vehicle, to drive the said vehicle from around 3 km.

Accordingly, the defendant used another person's automobile temporarily without the victim's consent.

3. Violation of the Traffic Act on roads.

A. April 2018

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