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(영문) 대구지방법원 2014.09.19 2014고단4009
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

On May 16, 2001, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by the Daegu District Court on the Aggravated Punishment, etc. of Specific Crimes, and on November 12, 2007, the Ulsan District Court received a summary order of two million won of a fine for attempted residential intrusion.

On March 10, 2014, around 10:50 on March 10, 2014, the Defendant: (a) removed the victim D’s house in 111 Dong Dong 1412, by her hand, sealed the crime prevention window; (b) invaded into the said house; (c) took money and valuables equivalent to a total of 2.1 million won of the market price, such as two pairs, and habitually stolen the money and valuables; (d) from March 10, 2014 to July 18, 2014, the Defendant stolen or attempted to steals another’s property worth KRW 4,607,200 of the market price on seven occasions in total, such as the list of crimes, from March 10, 2014 to July 18, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each statement of F, D, G, H, I, and J;

1. Statement of seizure of each police;

1. A report on the analysis of digital evidence;

1. Records before and after judgment: Criminal records, reply reports, and summary orders, etc. issued under the Ulsan District Court Act;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned manner;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 342 of the Criminal Act concerning the relevant criminal facts and Articles 5-4 (1) of the same Act concerning the selection of specific crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] There is no basic area (2 to 4 years) of the theft of habitual and repeated crimes (2 to 4 years) [the decision of sentencing] [the decision of sentence] of this case is that the defendant opens a crime prevention window habitually, intrudes the victims' residence into the victim's residence, and steals property, and it is not good to the nature of the crime in light of the criminal law, and the damage recovery is not performed, the amount of damage, the age and character of the defendant.

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