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(영문) 창원지방법원 2014.07.10 2014고합125

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On January 19, 2009, the Defendant was sentenced to one year and six months from the Changwon District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On November 15, 2012, the Defendant was sentenced to imprisonment with prison labor and one year and six months from the Changwon District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence on March 14, 2014.

At around 15:00 on May 7, 2014, the Defendant: (a) opened a door at the window C located in Changwon-si, Changwon-si, where the victim E was not corrected; (b) destroyed the door that the victim E was not able to manage; (c) brought about a theft of the cash equivalent to KRW 300,000 in that part; and (d) committed attempted crimes, from that point to that point, by bringing about a theft of the cash equivalent to KRW 480,000 on four occasions in total, as indicated in the list of crimes in the attached Table, from that point, and by failing to discover the objects that would be stolen.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of F, G, H, and E;

1. A report on the results of field identification;

1. Each investigation report and internal investigation report;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports ( repeated offenses and identical punishment records);

1. Habituality of the judgment: Application of Acts and subordinate statutes recognizing dampness, in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the defendant again commits the same kind of crime four times more than two months after release from the military court;

1. Article 5-4 (6) and (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 (6) and (1) of the Act on the Aggravated Punishment,

1. Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders [Inasmuch as there exists a criminal record of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which was sentenced on November 15, 2012]

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

1. Application of the sentencing criteria [Determination of the type]: (a) type 1 (general repeated crime thief) (the scope of recommending punishment] of the habitual repeated theft; (b) imprisonment for three to six years; and (c) Article 5-4 of the Act on the Aggravated Punishment, etc. of Specific Crimes.