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(영문) 대구지방법원 2018.01.30 2017고단7193
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

(1) On October 17, 2013, the Defendant was sentenced to a suspended sentence of two years for the purpose of larcenying a structure intrusion at night at the Busan District Court, and on October 31, 2014, the suspended sentence became effective upon being sentenced to two months by imprisonment for fraud at the Incheon District Court on November 8, 2014, which became final and conclusive on November 8, 2014. On December 12, 2014, the Defendant was sentenced to eight months by imprisonment with prison labor for an attempt to larceny at night, etc. at the Incheon District Court’s night time, and the execution of the last sentence was completed on November 9, 2015.

② On May 3, 2016, the Defendant was sentenced to imprisonment with prison labor for the crime of larceny and intrusion upon residence in the Changwon District Court’s territorial branch on May 3, 2016, and the judgment became final and conclusive on May 11, 2016.

③ On January 7, 2016, the Defendant appealed after having been sentenced to eight months of imprisonment with prison labor at night in the Daegu District Court’s gender support on November 10, 2016, due to the following: (a) the Defendant’s previous conviction in the foregoing paragraph (2) and the latter part of Article 37 of the Criminal Act; (b) on November 22, 2016, due to the larceny and intrusion upon residence; (c) however, the said judgment became final and conclusive on April 1, 2017; and (d) on September 7, 2017, the execution of the final sentence was completed in the Daegu District Court.

【Criminal fact-finding on December 13, 2017, the Defendant: (a) opened a driver’s seat which was parked in the front parking lot of the “D amusement shop” located in Daegu Suwon-gu, Daegu-gu; (b) by using any cresh in the vicinity of the 5 passenger car owned by the victim E-owned by the victim; and (c) entered the inside a knife, and cut off the victim’s cash owned by the victim, with approximately KRW 110,250, and KRW 27,000, and KRW 6,000, as a result of the fact-finding of the knife of the knife of the knife of the knife-gu, Daegu-gu, Daegu-gu, 2017.

Therefore, even if the defendant was sentenced to imprisonment not less than three times due to larceny, he/she has committed larceny again during the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report ( Concerning the verification of on-site CCTV and the attachment of photographs);

1. A previous conviction in judgment:

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