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(영문) 대구지방법원 서부지원 2018.11.08 2018고합174
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendants shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal history] Defendant A was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan High Court on June 5, 1996, and was sentenced to two years and six months of imprisonment for the same crime at the Dong branch of the Busan District Court on December 12, 2003. On November 3, 2006, Defendant A was sentenced to two years of imprisonment for the same crime at the Seowon District Court's official branch of the Daejeon District Court on March 25, 2009, and was sentenced to three years of imprisonment for the same crime at the Changwon District Court on March 25, 2009. On July 11, 2013, Defendant A terminated the execution of the sentence at the Jinju District Court on September 20, 2017.

Defendant

B was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan High Court on October 16, 1997; on December 17, 2009, the Daegu District Court was sentenced to one year and six months of imprisonment for the same crime; on July 11, 2013, after having been sentenced to five years of imprisonment for the same crime in the Changwon District Court’s Tong branch branch for the same crime; on November 16, 2017, the court sentenced four years and ten months of imprisonment for the same crime and completed the execution of the sentence in the Daegu District Court on January 23, 2018.

[2] On August 25, 2018, while the Defendants were engaged in daily work for towing, etc. in Busan, the Defendants: (a) cut the crops stored in the farm warehouse, etc., resulting in financial difficulties due to Defendant B’s failure to receive wages; and (b) sold them to raise cash; (c) Defendant B, using coos car in order to sell them; and (d) Defendant B, waiting for getting off the said car; and (c) Defendant B, waiting for getting off the said car, conspired Defendant A to load the crops from the place of crime into the said car.

1. The Defendants committed the crime against the victim D, around August 25, 2018, when around 19:40, at the victim D’s residence of the elderly group E, Defendant B used the said car to leave the Defendant A to the vicinity of the said residence, and escape.

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