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(영문) 창원지방법원 2020.07.22 2020고단1728
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

The defendant pays 830,000 won to an applicant for compensation.

The above compensation order shall be.

Reasons

Punishment of the crime

[criminal power] On October 13, 2015, the Defendant was sentenced to one year and two years of imprisonment with prison labor for larceny, etc. in the Daegu District Court’s Ansan Branch, on August 9, 2016, to one year and two years of imprisonment with prison labor for larceny in the Daegu District Court’s Ansan Branch, on January 25, 2018, and one year and two months of imprisonment with prison labor for larceny at the Seoul East East District Court’s Seoul East East District Court’s 2018, and on March 28, 2019, the Defendant completed the execution of the final sentence in the Gwangju District Court’s Seocheon Branch on February 23, 2020.

【Criminal Facts】

The defendant has received money and valuables, such as cash, within an unregistered passenger vehicle.

On May 16, 2020, at around 04:43, the Defendant discovered ETbluri-car car owned by the victim D, which was parked in the parking lot of Gangnam-gu Seoul building C, and opened a driver’s seat and used one half of the market price of KRW 300,000,000, which includes cash 207,000 owned by the victim, and used one half of the market price of KRW 400,000,000, and then stolen another’s property from around that time to May 28, 2020.

Accordingly, the Defendant, who was sentenced to imprisonment not less than three times due to theft, etc., stolen another’s property.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each written statement and each field photograph Act and subordinate statutes;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 35 (1) of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

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

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

1. Article 25 (1) 1 and Article 31 (1) and (2) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings (excluding the parts dismissed below):

1. Article 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings with Declaration of Provisional Execution;

1. Article 32 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

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