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(영문) 창원지방법원 마산지원 2015.05.20 2015재고단5

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 30, 2006, the Defendant was subject to the disposition of larceny at the original public prosecutor's office on special larceny, etc. at the same public prosecutor's office on July 13, 2006, by special larceny, etc. at the same public prosecutor's office on August 28, 2006, by the same public prosecutor's office on September 20, 2006, by night residence intrusion larceny, etc. at night at the same public prosecutor's office on March 26, 2007, by larceny from the same public prosecutor's office on April 13, 2007, by larceny, etc. at the same public prosecutor's office on May 17, 2007, by the same public prosecutor's office on November 13, 2007, from Busan public prosecutor's office on December 28, 2007, from violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by the Public Prosecutor's Office on September 30, 2009>

On June 25, 2014, around 01:00, the Defendant opened a vehicle door and opened a 4 million won in cash owned by the victim's owner, who was parked in the parking lot of the building C in the Changwon-si, Changwon-si, Seoul, by inserting it into the key straw in the E-car owned by the victim D and entering it.

In addition, from April 2014 to June 25, 2014, the Defendant: (a) habitually stolen or attempted to steals total of KRW 4,078,000 from around April 201 to around June 25, 2014; and (b) attempted to steal cash in a vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement prepared by D, F, G, H, I, J, K, L, M, M, P, Q, R, T, U, V, W, X, and Y;

1. Each protocol of seizure and list of seizure prepared by the police;

1. Answers with each scene of crime and the results of appraisal;

1. Records of judgment: A inquiry report and investigation report, such as criminal records (attached to a written opinion on a juvenile protection case);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of the crime, the number of crimes, the frequency of crimes, and the fact that the same crime has been repeated several times in a short period;

1. Relevant Article of the Criminal Act and Articles 332, 329, and 342 of the Criminal Act concerning the choice of criminal facts;