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(영문) 대구지방법원 상주지원 2019.10.22 2019고단325
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is sentenced to imprisonment with prison labor for larceny, etc. on August 21, 2015 with prison labor on August 21, 2015, and on October 11, 2018, with prison labor on October 11, 2018, with prison labor for six months or more for larceny, etc., and on April 2, 2019, with prison labor for eight months or more for habitual larceny at the Youngcheon District Court’s Young Branch Branch Branch.

8.5. The execution of the sentence was terminated in the Young prison.

On September 11, 2019, in order to steal the property stored in a vehicle, the defendant tried to open the door of the D Freight Motor Vehicle parked in the victim C in his/her hand, but did not come to an attempted attempt, as in the annexed sheet of crime in the same manner on the same day, in order to steal the property located in the victim's vehicle more than five times in total, such as the annexed sheet of crime.

Accordingly, the defendant was sentenced to imprisonment not less than three times with prison labor due to larceny, etc., and again attempted to steal the victims' property within three years after the execution of the sentence was terminated or exempted.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and C;

1. Each investigation report and internal investigation report;

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports (verification of recidivism during the same type of power and the same repeated period);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 329 of the Criminal Act concerning the crime committed, as prescribed by the corresponding Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Scope of recommended sentences according to the sentencing criteria;

A. Crimes Nos. 1, 2, and 3 [Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes] (Determination of a thief] thief under the Specific Crimes Aggravated Punishment Act.

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