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(영문) 창원지방법원 마산지원 2018.01.12 2017고합84

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 Records of Crimes】 On September 24, 1996, the Defendant was sentenced to imprisonment for one year and six months with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Changwon District Court’s Jinju Branch on April 9, 199; imprisonment with prison labor for the same crime at the Busan District Court on August 31, 2006; imprisonment with prison labor for one year and six months at the Changwon District Court on August 31, 2006; imprisonment with prison labor for the same crime at the Changwon District Court on June 11, 2008; imprisonment with prison labor for three years at the same court on June 11, 2008; on October 12, 2011, the execution of the sentence was terminated on May 26, 2015.

[Criminal Facts]

1. On September 9, 2017, at around 20:20, the Defendant: (a) loaded approximately KRW 50 km of 50,00,00 from the victim F’s market price owned by the Defendant on the street in front of the Masan-si, Changwon-si; (b) loaded approximately KRW 50,000,000 on the Defendant’s hand tape.

2. On September 11, 2017, the Defendant discovered that the victim I was satisfing the floor of the H in front of the Y located in the Changwon-si G in Changwon-si, Changwon-si. Around September 15, 2017, the Defendant: (a) discovered that the victim I was satisfing the floor of the satisfing the satus owned by the victim; and (b) immediately destroyed the satisfing the satisfing of the satisfing on the above satisfing part of the victim’s market in the amount of KRW 300,000,000,000, the market price of the vehicle owned by the victim, which is equivalent to KRW 10,000,000,

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of I and F;

1. A criminal investigation report (Attachment toCCTV’s crime photograph), investigation report (verification of CCTV around the scene of the victim’s clothes theft), investigation report (on-site investigation related to the theft of iron); investigation report (related to the investigation of the H business counterpart);

1. Reports on internal investigation (Attachment of photographs of the current status of crimes);

1. Photographss of thefts, CCTV-capes, and CCTV-recordings;

1. Previous convictions: A reply to inquiries, such as criminal history, investigation report (report attached to the same criminal record and written judgment of the suspect);

1. Habituality: The records of each of the crimes in the judgment, and the method of committing the crimes.