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Reasons
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(영문) 창원지방법원 마산지원 2015.09.08 2015고단616
특수절도
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A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence 1 shall be confiscated.

Reasons

Punishment of the crime

On June 25, 2013, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the Jinwon District Court's Jinju branch on May 1, 2015 and completed the execution of the sentence in the Busan Correctional Institution.

At around 03:00 on June 21, 2015, the Defendant: (a) destroyed the door-to-door 1st underground victim D (E) in Changwon-si, Changwon-si; and (b) infringed on the above amusement room; and (c) stolen KRW 400,000 in cash, 40,000,000,000,000,000 won, which were owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Previous convictions: The application of Acts and subordinate statutes to criminal records and investigation reports (the confirmation date of the date of release);

1. Article 331 (1) of the Criminal Act applicable to the crime;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Ten months of imprisonment in consideration of the following: (a) the reason for sentencing under Article 48(1)1 of the Criminal Act of the Confiscation [Scope of Recommendation] : (b) the mitigated area of category IV (special mitigation in August to June) (special mitigation in time) (special mitigation in time) the mitigation area; (b) the cases in which a person intrudes into a place other than an indoor residential space (type four); (c) the cases in which a person is not subject to punishment; (d) the cases in which a person carries a deadly weapon; or (d) the cases in which a person commits a crime of the same kind of repeated crime (decision of sentence] which does not fall under a special case (type four); (d) the cases in which a person commits a crime of the same kind of crime; (d) the cases in which a person reimburses himself/herself and agrees with the victim; (d) the case in which a person was discharged from

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