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(영문) 대구지방법원 2012.09.20 2012고단3644
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

【Criminal Power】 On December 18, 2008, the Defendant received juvenile protective disposition from the Busan High Court of Busan to transfer the juvenile protective case due to larceny, etc. on March 30, 201, from the Changwon District Prosecutors’ Office to larceny, from the same prosecutors’ office on August 29, 201, on August 29, 201, from the same prosecutors’ office to receive juvenile protective disposition due to attempted larceny, and from the same prosecutors’ office on November 10, 201 to the special larceny.

【Habitually, on November 23, 201, the Defendant stolen property worth KRW 3,575,000,000 owned by the victim in total over 15 times in total, as shown in the annexed crime list, from around April 12, 201 to around April 12, 2012, by taking advantage of the gaps in which the victim’s D Games was neglected due to the negligence of care by the victim at the Busan Seo-gu CPC, Busan, the victim’s PC, following the victim’s next end, her gate, a cash 170,000, the victim’s bank credit card, a new bank credit card, Samsung credit card, Samsung Credit Card, a resident registration certificate, and a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement related to E, F, and G;

1. Each statement of H, I, J, K, L, M, N,O, P, Q, R, and D;

1. Report on the investigation of suspect upon committing the crime;

1. Each investigation report (including on-site CCTV analysis, verification of additional damage, attachment of SPC-crime photographs, and attachment of PC CCTV photographs);

1. Previous convictions in judgment: Criminal history records;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned manner;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the relevant criminal facts, the selection of a limited term of imprisonment;

1. It is so decided as per Disposition for the reason that discretionary mitigation is more than Article 53 and Article 55(1)3 of the Criminal Act (in consideration of the age of the accused, etc., yet to be taken into account);

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