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(영문) 대구지방법원 김천지원 2014.02.19 2014고단64
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Seized evidence 1 to 4 shall be confiscated.

Reasons

Punishment of the crime

[Criminal Justice] On November 3, 2005, the Defendant was sentenced to imprisonment with prison labor for night intrusion larceny at the Daegu High Court for one year and six months, and was sentenced to imprisonment with prison labor for night intrusion larceny at the seat of the Daegu District Court on May 28, 2009, and was sentenced to imprisonment with prison labor for one year and six months on May 12, 2010 for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the Daegu District Court Kimcheon-do branch of the Daegu District Court on May 28, 2009, and was sentenced to imprisonment with prison labor for one year and six months on September 26, 201.

【Criminal Facts】

On December 4, 2013, at around 03:12, 2013, the Defendant: (a) 100,000 won in cash was stolen on the wall of the victim who intruded into the restaurant and was inside the inner room through the rear door, and did not lock the victim D’s E restaurant operated in the Gumi-si.

From that time to January 13, 2014, the Defendant habitually stolen money and valuables equivalent to KRW 190,000 in total (including attempted money) over 21 times (including 16 times) as shown in the annexed List of Offenses.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The police seizure record and the list of seizure;

1. A criminal investigation report (to attachCCTV photographs);

1. 17 copies of seized objects photographs and CCTV photographs;

1. Records of previous judgments: Criminal records, inquiry reports (A), investigation reports (period of repeated crimes, and attachment of the same criminal records and judgments), copies of the judgments, etc.;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 330 and 342 of the Criminal Act, and the choice of limited imprisonment for a definite term concerning the crime;

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. Reasons for sentencing under Article 48(1)1 of the Criminal Act of confiscation [decision on the type of punishment] is to recommend the basic sphere of habitual larceny and repeated larceny [decision on the recommended field].

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