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(영문) 대구지방법원 상주지원 2021.02.24 2020고단535
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[criminal history] On October 16, 2009, the Defendant was sentenced to imprisonment with prison labor for larceny at the Daejeon District Court's Branch of the Daejeon District Court, and on November 21, 2013, with prison labor for one year and six months, and on September 29, 2016, with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the support of the Youngju District Court's Yeongdeungpo-dong Branch of the Daejeon District Court, and completed the execution of the final sentence at the Cheongju District Court on July 18, 2019.

[Criminal facts]

1. On July 28, 2020, the Defendant discovered that the victim B (n, 59 years of age) was leashed in the front of the “D” restaurant located in Seodaemun-si around 11:30 on July 28, 2020, the Defendant committed the crime against the victim B, and then, found that the victim was leashed in the front of the “D” restaurant, and then 70,000 won in cash by inserting his hand inside the victim’s bags (50,00 won, 1,000 won, 1,000 won, 1,000 won, and 5,00 won, 5 pages) of the market price of the victim’s possession.

L. A. L. theft was committed.

Accordingly, the defendant was sentenced to imprisonment with prison labor for larceny more than three times, but theft is committed again within the repeated crime period.

2. The Defendant discovered that the injured party on the platform of the urban bus terminal platform located in the door-to-door 12:26 on the same day as indicated in paragraph (1) and around 12:26 on the same day, in order for the bus to board the bus, and caused his/her damage to his/her hand on the plastic paper that he/she was in possession after the injured party, and found the damaged party’s hand on his/her hand, but did not discover the damaged party’s bank as his/her hand, but did not commit an attempted crime.

Therefore, even though the defendant was sentenced to imprisonment more than three times due to larceny, he/she again attempted to larceny within the period of repeated crime.

Summary of Evidence

1. Written statements made by the police against the defendant in his/her legal statement E (the list Nos. 3, 7, 17, 24 of evidence);

1. A previous conviction: A criminal history inquiry, each investigation report (the No. 41, 43, 47 of the evidence list) applies to the law.

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