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(영문) 대구지방법원 서부지원 2014.05.02 2014고단247
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence1 through 4 shall be confiscated from the accused.

Reasons

Punishment of the crime

On April 20, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daegu District Court on April 20, 2012, and was seven times of the same past record, such as the termination of the execution of the sentence in the Jinju Prison on November 17,

On December 25, 2013, at around 14:00, the Defendant: (a) destroyed the victim D’s house in Daegu Seo-gu, Seogu; (b) invadedd into the house, and (c) went out with cash equivalent to 1.40,000 won in the inside of the said house; and (d) committed attempted crimes on ten occasions without any property that steals or steals cash, precious metal, etc. equivalent to 1,0140,000 won in total, as indicated in the list of crimes in the attached list of crimes.

Accordingly, the defendant habitually stolen or attempted to steals another's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Report on Occurrence (thief) - Victims D, G, H, I

1. Report on Occurrence - Victim J, K, L

1. Report on the occurrence of larceny incident - Victims M;

1. Records of seizure and the list of seizure;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (report attached to a written judgment), previous records of disposition, and report on results of confirmation;

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

1. Relevant Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329 and 342 of the Criminal Act concerning criminal facts and the choice of punishment.

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 48 (1) of the Criminal Act of confiscation;

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