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(영문) 대구지방법원 경주지원 2012.10.30 2012고단958
특정범죄가중처벌등에관한법률위반(절도)등
Text

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

Seized evidence 3 and 16 shall be confiscated.

Reasons

Punishment of the crime

1. On July 30, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) committed a theft of property worth KRW 43,00,000, total market price of KRW 433,000 from June 14, 2012 to September 7, 2012, as indicated in the attached Table of Crimes (i.e., the statement on the list of crimes), which was habitually stolen or attempted to steals property worth KRW 5,000,000, in total, on six occasions from around 10:00 to around 10:0,000, in the house of the victim D, which came into being through unlocked windows, and did not bring about any attempted crime.

2. A person who violates the Automobile Management Act shall not cover a registration number plate nor make it illegible, but the Defendant, at around the F house located in North-gu E at port on September 10, 2012, left the port on September 7, 2012, left the Defendant’s driver’s GOba while stopping the GOba, and then attach a registration number plate to the hearing tape prepared in advance for the end of the registration number plate at the end of the above Oba.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement made to H and I;

1. Each statement of F, J, D, and K;

1. Seizure records;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method of crime, frequency of crime, and the fact that the same kind of crime is systematically and continuously repeated;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 329 of the Criminal Act, Article 81 subparagraph 1-2 of the Automobile Management Act, and Article 10 (5) of the Motor Vehicle Management Act (the point of disuse of a registration license plate and the choice of imprisonment) concerning the crime;

1. Of concurrent crimes, the former part of Articles 37, 38 (1) 2 and 50 of the Criminal Act [Aggravation of the punishment prescribed for the crimes of larceny] among the concurrent crimes;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (related to previous criminal records, scale of damage, and reflectiveness);

1. Article 48 (1) 1 of the Criminal Act for forfeiture;

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