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(영문) 창원지방법원 밀양지원 2019.04.26 2019고합2

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence 13 shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On November 11, 2011, the Defendant was sentenced to three years and six months to imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court. On June 1, 2017, the Defendant was sentenced to two years of imprisonment with labor from the Seoul High Court for the same crime, and on November 14, 2018, up to nine times of the same record, such as the termination of the execution of the sentence in the North Korean Prison 1 prison.

【Criminal Facts】

At around 07:00 on December 17, 2018, the Defendant attempted to steals property or property worth KRW 6,191,500 in total 16 times from that time until January 4, 2019, by using Raber, which was prepared in advance, the victim in the name failure, was holding the clothes of the victim, and taking 1.50,000 won in cash from the wall of the victim, using Raber that was prepared to fill the cresh the cresh in order to take a bath. In addition, the Defendant attempted to steals property or property worth KRW 6,191,50 in total over 16 times from that time until January 4, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Each written statement of F, G, H, I, J, K, L, M, N,O, P, Q, R and S;

1. Records and lists, and photographs of seized articles;

1. Each internal investigation report (Evidence Nos. 5 through 9, 46, 83 in the Evidence List), each investigation report (Evidence No. 10, 11, 15, 20, 23, 21, 33, 35, 36, 38, 43, 47, 48, 51, 52, 54, 55, 59, 61, 63, 68, 69, 73, 78, 85, 86);

1. A report on results of field identification, a report on the scene of damage, and photographs of CCTV images around the scene;

1. Previous records of judgment: Criminal records, reply reports, copies of each judgment, and current status of acceptance by individuals;

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) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 342 of the Criminal Act concerning the crime;

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

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Legal provisions;