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(영문) 창원지방법원 2014.09.23 2014고단2063
특정범죄가중처벌등에관한법률위반(절도)
Text

1. The defendant shall be punished by imprisonment for two years;

2. To return subparagraphs 1 through 11 of seized evidence to the victims’ names, respectively; and

Reasons

Punishment of the crime

On July 20, 2001, the Defendant was sentenced to imprisonment with prison labor for one year and six months with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court, and two years and six months with prison labor for the same crime in the same court on October 13, 2006, and two years and six months with prison labor for the same crime in the same court on April 3, 2009.

On June 2014, the Defendant: (a) entered the ward room of Dong University Hospital 10212, which was hospitalized by the victim C in Seo-gu, Seo-gu, Busan, Seo-gu, Busan, on June 2014, through a entrance that was not corrected by using the cresh of the victim’s diving room; and (b) cut off one of the Defendant’s cash 10,000 won in the market price owned by the victim who was kept in custody of the wall; and (c) thereafter, from that time, the Defendant took

7. Until December 23, 200, money and valuables equivalent to KRW 6,456,00 in total and KRW 6,456,00 in total and KRW 19 times, such as the statement in the list of crimes in the annexed sheet, were stolen or attempted to steals.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

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

1. An investigation report (affort photographs, etc. to confirm the place of damage by the suspect, and to attach ctv photographs, etc.);

1. Previous records of judgment: Criminal records, inquiry reports, and investigation reports (a copy of the judgment);

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 fact that the same kind of crimes are repeated several times in a planned manner;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 342 of the Criminal Act concerning the crime;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. The reason for sentencing of Article 333(1) of the Return Criminal Procedure Act [the scope of recommending punishment] The basic area (2 to 4 years) of category 1 (general habitual and repeated larceny) (2 to 4 years) of habitual and repeated larceny [decision of sentence] Defendant is a single crime.

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