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(영문) 대구지방법원 상주지원 2013.09.03 2013고단315
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 December 6, 2011, the Defendant was sentenced to one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daegu District Court, and completed the execution of the sentence in the Ansan Prison on April 27, 2013, and there is a record of punishment of imprisonment with prison labor one time and two times of suspended execution of imprisonment with prison labor in the case including the larceny crime.

At around 20:00 on July 16, 2013, the Defendant: (a) opened a gate with a key located in the rain bank, and intruded with ma, the Defendant: (b) destroyed the door door door door door door locked inside the new gate and gate-locked into the house; and (c) stolen the pigs b74,050 won in cash flaped by internal television.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E and F;

1. A report on internal investigation (12 pages of investigation records);

1. Criminal records: Criminal records, reply reports, copies of written judgments, and current status of personal confinement and confinement;

1. Habituality: Application of Acts and subordinate statutes recognizing dampness in light of the records of each of the above crimes, criminal methods, etc.;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 331 (1) of the Criminal Act and Article 331 (1) of the Criminal Act concerning the punishment of the crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (limited to a single crime, the agreement was reached with the victim, and reflectivity);

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