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(영문) 창원지방법원 2016.07.20 2016고단1040
상습특수절도
Text

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

Reasons

Punishment of the crime

[Criminal record] On July 1, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Changwon District Court on the Aggravated Punishment, etc. of Specific Crimes and completed the execution of the sentence on September 15, 2015.

[2] On March 26, 2016, the Defendant: (a) 04:00 on March 26, 2016, the Defendant: (b) 300,000 the cash 30,000 won, which was located in the Kashter credit cooperative; (c) 32 times from March 10, 2016 to April 10, 2016; (d) stolen the victims’ money and valuables by breaking the victim’s structures at night, breaking the cresh with another glass material after leaving the cresh; and (d) stolen the cresh with another glass material; and (e) stolen the money and valuables from 32 times through rout the night to 32 times; and (e) stolen the victims’ money and valuables at night; and (e) stolen the 30,500,000 won or part of the property at night; and (e) stolen or stolen the property at night.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement, report on occurrence of each incident, each internal investigation report, each investigation report, confirmation of the identity of fingerprints in the theft case, genetic assessment report, and report on the results of field identification;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on the result of confirmation of the previous convictions;

1. Habituality of judgment: Application of Acts and subordinate statutes that recognize habituality, in light of the records of each crime, the number of crimes, the frequency of crimes, etc.;

1. Relevant Article of the Criminal Act and Articles 332, 331(1), 330, and 342 of the Criminal Act (generally, choice of imprisonment with labor);

1. The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [unfair circumstances] The Defendant committed the instant crime again during the period of repeated crimes despite having been sentenced three times to imprisonment for the same kind of crime, and the lack of social ties [ favorable circumstances] certain damaged articles are recovered, and some of the crimes are attempted or damaged.

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