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(영문) 대구지방법원 2017.11.02 2017고단4505
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Seized evidence 2 or 3 shall be confiscated.

Reasons

Punishment of the crime

On April 4, 2005, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the Daegu District Court’s support on April 4, 2005, for one year and six months, and eight months from the imprisonment with prison labor for larceny of intrusion into night structures at the Daegu District Court on April 23, 2015, and one year and six months from June 2, 2016 at the Daegu District Court on July 2, 2017, and completed the execution of the sentence in Daegu Prison on July 2, 2017.

On July 29, 2017, at around 04:19, the Defendant moved the entrance glass to the E-cafeteria operated by the victim D in Daegu Dong-gu, Daegu-gu, and opened an entrance with a percentage and opened a lock, and intrudes the lock into the restaurant with a cash of KRW 200,000,000,000, which is the victim's possession on the restaurant, and stolen the entrance glass.

Accordingly, the defendant was sentenced to imprisonment not less than three times due to larceny, etc., and has committed special larceny again within the repeated crime period.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. A report on the results of field identification;

1. A thief site photograph, a closure photograph of the on-site CCTV, a photograph taken at the closure of the CCTV around the scene, a photograph taken at the seizure place and a photograph of seized articles;

1. Previous convictions indicated in judgment: Inquiry about criminal history, reporting on investigation (verification of the fact that repeated crime is being committed), and application of Acts and subordinate statutes governing personal confinement;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 331 (1) of the Criminal Act concerning the crime (special larceny) of the relevant Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for sentencing of Article 48(1) of the Confiscation Criminal Act is that the defendant was already sentenced several times for the same crime, and the defendant has not yet been aware of the period of repeated crime, and the crime of this case was committed again at the same time.

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