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(영문) 창원지방법원 2017.05.10 2017고단1019
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence 8 through 10 shall be confiscated.

Reasons

Criminal facts

[criminal history] On May 12, 201, the Defendant was sentenced to ten months of imprisonment with prison labor for larceny, etc. at the Changwon District Court, and on June 1, 2012, the Changwon District Court sentenced two years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Changwon District Court. On December 23, 2015, the Defendant was sentenced to one year and four months of imprisonment with prison labor for night intrusion larceny, etc. at the Changwon District Court and completed the execution of the sentence at the Daegu Prison on December 28, 2016.

[2] On February 20, 2017, the Defendant committed a crime: (a) around 02:00, the victim D (hereinafter “E”) at the window C at Changwon-si, who was in possession of the Defendant, laid off and intrudes the entrance gate locks at the seat of the Defendant; and (b) committed a theft with one point at the market price of 300,000,000 won at that seat; and (c) committed a total of 17 times in total as indicated in the list of crimes in the attached crimes in the attached Table from February 18, 2017 to March 23, 2017 (Provided, That the victim’s “E” at No. 13 was corrected to “F”), and attempted to steals property over five occasions, but attempted to receive property over five times.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement in relation to G, H, I, J, K, L, M, N, P, F, Q, R, S, and T;

1. Each written statement of D, U, V, W, X,Y, and Z;

1. A protocol of seizure and a list of seizure;

1. Previous convictions: Application of an inquiry letter, such as criminal history, investigation report (verification of criminal history of the same kind of crime as the suspect and attachment of the judgment), investigation report (verification of the date of release from office), and statutes;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act (Section 1), Article 5-4 (5) 1 and Article 331 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (a special larceny), Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 331 (1) of the Criminal Act (a special larceny) concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act for the aggravation of concurrent crimes.

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