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(영문) 대구지방법원 2012.07.20 2012고단1996
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Criminal facts

On October 29, 2009, the Defendant sentenced the Daegu District Court to one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence on March 18, 201.

The Defendant used the gap in the management of employees in the stores, stores, etc. with many people to steal the things in the stores.

1. At around 15:00 on April 201, the Defendant: (a) placed a 1st floor “D” store underground of the Daegu-gu Seoul-gu Seoul-gu Seoul-gu Seoul-gu Seoul-gu Seoul-gu Seoul-gu (hereinafter “D”); and (b) stolen the victim E-owned verbal 1 emergency rail at a bank.

2. On January 1, 2012, the Defendant, at the 2nd floor F stores of Daegu Middle-gu, Daegu-gu, where 174 members of the 2nd floor of the 2nd floor of the 2nd floor of the 2nd floor of the 2nd floor of the 2nd floor of the 74th floor of the 7th floor of the 7th floor of the 7th floor of the management of the 7th G,

3. On January 31, 2012, the Defendant, at the 3rd floor of the Daegu Middle-gu, Daegu-gu, 174 department store, entered the victim I’s market value of KRW 698,00,00, and stolen a female set of punishment, which is equivalent to KRW 698,00,00.

Accordingly, the Defendant habitually stolen property worth 698,000 won in total over three times in total.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of I, G, and E;

1. Previous convictions: Criminal records, investigation reports (previous records, court rulings, and date of completion of execution);

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 and Article 329 of the Criminal Act, comprehensively including the relevant Article of the Act on the Punishment, etc. of Specific Crimes and the choice of punishment;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. According to the sentencing guidelines for sentencing under Articles 53 and 55(1)3 of the Criminal Act (i.e., confession of all the offenses and reflectiveness) of the Criminal Act, the instant crime constitutes category 1 (general) among habitual larceny of the larceny group.

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