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(영문) 창원지방법원밀양지원 2020.12.18 2020고합15

특정범죄가중처벌등에관한법률위반(절도)

Text

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

Reasons

Punishment of the crime

[Criminal Power] The Defendant is the Changwon District Court on February 18, 201 under the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment Act”).

On June 27, 2013, the same court was sentenced to imprisonment for one year and six months for the crime of larceny, and four years for the same crime. On September 22, 2017, the Changwon District Court was sentenced to imprisonment for a violation of the Specific Crimes Aggravated Punishment Act (Larceny) in the Changwon District Court Branch Branch, and completed the execution of the sentence in the Changwon Prison on May 14, 2020.

【Criminal Facts】

At around 13:30 on May 25, 2020, the Defendant: (a) opened a gate that was not corrected to steal another’s property; and (b) was discovered to the same birth of the victim who had been entering the victim’s residence, and had attempted to commit a crime by escaping from the victim’s family, while displaying the property to be stolen by entering the victim’s home.

As a result, the defendant was sentenced to two or more punishment due to habitual larceny, etc., and again attempted to steals another's property within three years after the execution of the sentence is completed.

Summary of Evidence

1. The defendant's legal statement C and each police statement of D;

1. Reports and accompanying documents (number 2, 3, 4) of internal accidents;

1. Previous convictions in judgment: Criminal history records, reply reports, and personal confinement status;

1. Habituality of the judgment: The application of the statutes is recognized in full view of each criminal record, criminal method, and the fact that a person committed the same kind of crime at 12 days after release.

1. Article 5-4 (6) of the Specific Crimes Aggravated Punishment Act, Articles 342 and 329 of the Criminal Act concerning the crime;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Scope of punishment by law: Imprisonment with prison labor for a year and six months to twenty-five years;

2. The scope of recommendations on the sentencing criteria [decision of types] shall be sentenced to imprisonment with prison labor for a person who is not subject to punishment (a person who is subject to special mitigation] under the Specific Crimes Aggravated Punishment Act (a person subject to special mitigation].