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(영문) 대구지방법원 2013.06.21 2013고합125
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On June 11, 2010, the Defendant sentenced the Daegu District Court to three years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence on February 19, 2013.

Criminal facts

At around 02:00 on March 14, 2013, the Defendant: (a) opened and intruded into the window of the E kindergarten restaurant located in a villa; (b) opened and intruded into the window of the E kindergarten restaurant; and (c) 20,000,000,000 won in the market value of the victim F owned in the restaurant cooling.

1.5L 1 bottles and three sirens were cut off.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Previous records: Inquiries and inquiries, and the application of Acts and subordinate statutes concerning investigation reports (Attachment of the same-class judgment);

1. Article 330 of the Criminal Act applicable to the crime;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of applicable sentences: Imprisonment for one month to twenty years; and

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types of punishment] - thief theft against general property (special scief) - In case of intrusion theft against general property - mitigated factors: In case of intrusion into places other than living-type crimes and indoor residential space, non-influor of punishment - increased factors: Aggravation factors: Special mitigation area of like repeated crimes (decision of recommending area] [Scope of recommending punishment] from April to June 1st [general person] - Reduction factors: Influorous radius;

3. Determination of sentence: Imprisonment for 8 months; and

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