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(영문) 창원지방법원 2018.06.08 2018고단899
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2] On November 6, 2002, the defendant was sentenced to a suspended sentence of seven months for special larceny, etc. at the Changwon District Court sentenced to a suspended sentence of two years for the defendant, on March 26, 2003, to a special court sentenced to a six-month imprisonment for larceny, etc. on June 11, 2004; on May 31, 2005, the same court was sentenced to a one-year imprisonment for larceny, etc. at night; on January 26, 2007, the defendant was sentenced to a one-year imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the same court; on May 15, 2009, the defendant was sentenced to a two-year imprisonment for the same crime; on April 18, 2012, the defendant was sentenced to a imprisonment with prison labor at night from the Changwon District Court to a one-year imprisonment with prison labor at night for the same offense; on January 16, 2015>

[2] On August 18, 2017, around 01:17, the Defendant: (a) went into a string and a string, in a manner that does not know the glass of the above upper entrance, and went into a string and a string in a manner that does not reveal the glass of the above upper entrance; (b) in around 03:51 on the same day, the Defendant did not discover the property to be stolen, but failed to discover it.

As a result, the defendant was sentenced to imprisonment not less than three times with prison labor due to larceny, and again attempted to steal the victim's property within three years after the execution of the sentence was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution (including the part concerning the first and second statement);

1. Statement made by the police against D;

1. Each investigation report (with respect to the analysis ofCCTV images and reporting on actual hours, and re-verification of actual hours of crime)

1. Notification to a person who conforms to the DNA with regard to the thief case;

1. On-site photographs, CCTV closures;

1. Previous convictions in judgment: Inquiry about criminal history, a copy of each judgment, and the application of statutes on personal confinement;

1. Specific crimes provided for in the corresponding provisions of the Act regarding criminal facts.

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