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(영문) 대구지방법원 서부지원 2014.05.30 2014고단329
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On January 14, 2010, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny, etc. at the Ulsan District Court, and was sentenced to 9 months of imprisonment with prison labor for attempted larceny in a port branch of the Daegu District Court on December 23, 2010, and on May 10, 2012, the Defendant was sentenced to 1 year of imprisonment with prison labor for larceny, etc. at the Changwon District Court’s branch branch of the Changwon District Court on May 10, 2012 and completed the execution of the sentence at the 1st prison of the Sejong Northern District Court on March 14, 2013, and on March 21, 2014, the said judgment became final and conclusive on the 29th of the same month.

On December 12, 2013, the Defendant opened a “C” restaurant parking lot located in the Dannam-si Kim Jong-si, Kim Jong-si, with a driver’s seat not corrected by the injured party D, and had KRW 1,500,000, the market value of Samsung Digital Ca, which is equivalent to KRW 650,000, total of the market value of Samsung Digital Ca, and KRW 5,500, total of the market value of which is owned by the injured party and KRW 10,000,000, which is owned by the injured party.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Previous records: Application of Acts and subordinate statutes, such as inquiry letters, personal identification and accommodation status (A), investigation reports (verification of the same type of force and reporting on the change of the name of the crime), decisions concerning latter concurrent crimes under Article 37 of the Criminal Act, attachment of personal seal printed outs to the accused), judgment, etc.;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The latter part of Article 39(1) of the Criminal Act exempted from punishment, which is relatively small in the amount of damage to the crime of this case, the partial recovery of damaged articles, and the first head of the crime of this case as indicated in the judgment, becomes final and conclusive.

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