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(영문) 창원지방법원진주지원 2020.10.21 2020고단1222
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 13, 2010, the Defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspension of execution due to night intrusion, larceny, etc. in the main branch of the Changwon District Court on September 13, 201; on June 23, 2011, the Defendant was sentenced to 4 months of imprisonment with prison labor for night-time intrusion, intrusion upon residence, larceny, etc. at the Changwon District Court on May 10, 201; on February 20, 2014, the Defendant was sentenced to 3 years and 6 months of imprisonment with prison labor for larceny, etc. at the main branch of the Changwon District Court on February 20, 2014; and on May 25, 2019, the Defendant completed the execution of the sentence at the Changwon District Court on April 24, 2018.

1. On May 29, 2020, at around 02:53, the Defendant: (a) opened a door that did not lock a passenger car at the victim D at the front parking lot of the Hanam-gun B apartment Cdong, Hanam-gun, and stolen KRW 50,000 in cash from the victim’s wall located in the driver’s seat Contacbide.

2. On May 31, 2020, the Defendant attempted to larceny: (a) around 01:02, at the 37-gil-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Each photograph, internal report (specific person under suspicion), investigation report (Attachment to CCTV images for crime prevention);

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime committed;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

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

1. Scope of recommended sentences according to the sentencing criteria;

(a) First offense (thief in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief): One year;

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