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(영문) 창원지방법원 마산지원 2015.01.14 2014고합122

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[Criminal Power] On November 27, 2009, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the Changwon District Court’s common support.

On October 11, 2011, the Defendant was sentenced to two years by the Ulsan District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and was sentenced to one year from the Daegu High Court for quasi-Robbery on January 10, 2013, and completed the execution of each of the above punishment in the one prison for the North North Korean defectors on August 26, 2014.

The defendant's other previous departments are added to seven times.

【Criminal Facts】

On November 4, 2014, at around 15:50 on November 4, 2014, the Defendant habitually intruded into the victim D’s house located in Changwon-si, Changwon-si, by stairs, up to the inside of the second floor of the said house, and then stolen KRW 3,000 in cash owned by the victim from the wall located on the floor.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement of D or E;

1. A report on investigation (as to attachment of photographs) and a report on seizure;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (a copy of the judgment on the same type of electric power, etc. attached thereto), and investigation reports (a report on the date of completion of the punishment, etc.);

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 repeated crimes of the same kind in the judgment;

1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the relevant criminal facts;

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

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 applicable sentences under law: Imprisonment for three years to twenty-five years; and

2. The scope of recommendations based on the sentencing guidelines: Imprisonment with prison labor for three to six years (the scope of recommendations) for habitual and repeated larceny; the Act on the Aggravated Punishment, etc. of Specific Crimes (general and repeated larceny) for three to six years in basic areas; and