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(영문) 대구지방법원 2018.05.25 2018고합184
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal history] On August 25, 2011, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Chuncheon District Court on April 9, 2013, and was sentenced to one year and six months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Jeju District Court's original branch on April 9, 2013, and on August 27, 2015, the Defendant was sentenced to three years of imprisonment with prison labor for habitual larceny, etc. at the Ulsan District Court on August 27, 2015 and completed the execution of the sentence at the said District Court on

[Criminal facts]

1. On April 20, 2018, the Defendant discovered that the door of the victim C owner of the victim C was opened in the second floor parking lot of the second floor underground of 104-ro 15-gil-ro, a remote city in the Daegu North-gu, Daegu-gu, Daegu-ro, 13, the 15-gil-ro, and that the Defendant opened a vehicle door and has a total of 20,000 won of the market value of the vehicle, one type bank, one hand, one hand, and one knife-gu, the victim owned.

2. On April 20, 2018, the Defendant shouldered the window of the victim E-owned vehicle at the first floor parking lot of the 103 unit underground of the 15-gil-ro 103 unit of the 103 unit apartment complex in the remote city in Daegu Northern-gu, Daegu-ro, 04:41 on April 20, 201, as seen above, and opened a vehicle door and opened the 12 unit of the 12 unit of the passbook, which includes the 12 unit of the passbook owned by the victim. The Defendant maintained the 200,000 unit market price, 60,000 won for the 3 unit of the 3 unit market price, 165,000 won for the key to the Daegu Bank.

As a result, the defendant was sentenced twice or more to the crimes of Articles 329 through 331 of the Criminal Act or the attempted crimes, and again stolen the victims' property within three years after the execution of the sentence was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each statement prepared by E and C;

1. An investigation report (Attachment of a photograph of a CCTV photograph taken at the scene of a crime), a criminal investigation report (the method of two-time crimes), a criminal investigation report (the return of damaged articles), and accompanying documents;

1. Previous convictions: Inquiry about criminal history and investigation reports (the confirmation of the date of release, etc.);

1. Habituality of the judgment:

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