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(영문) 창원지방법원 2016.04.20 2016고단504
특수절도등
Text

Defendant 1 is sentenced to two months of imprisonment and two months of imprisonment with prison labor and two to two days of a year of a list of crimes in attached Form 1.

Reasons

Punishment of the crime

On October 21, 2015, the Defendant was sentenced to a suspended sentence of two years on August 29, 2015, for the following reasons: (a) at the Changwon District Court, the Defendant was sentenced to a suspended sentence of two years; and (b) on October 29, 2015.

On July 2015, the Defendant: (a) discovered a yellow-ray bicycle in front of the 190,000 won at the market site in front of the 10,000 won, which is the victim of the non-name in front of the 201:30 window in Changwon-si, Changwon-si, the date of July 2015; and (b) destroyed the corrective device by getting out of it.

In addition, the Defendant did not commit a total of 30 times from July 2015 to March 1, 2016, and did not commit a theft or attempted theft of the victims’ property over a total of 30 times, as stated in the list of crimes committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement to the victims entered in the list of crimes in the attached Form, or a statement of such victims;

1. Each protocol of seizure;

1. A report on investigation (the form in which a person subject to investigation withdraws cash from the head of a Tong), a report on investigation (the details of victim fees attached thereto), and a report on investigation (the bicycle price and the securing of the victim);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, a criminal investigation report (Attachment to the same type of judgment), the Changwon District Court 2015 High Court 1348 High Order 2015 High Court 1 original sentence;

1. Relevant provisions of the Criminal Act and Articles 331(1) (a) and 329 (Aggravated thief's occupation), 330 (Aggravated thief's occupation at night), 342 and 329 (Aggravated thief's occupation at night) of the Criminal Act concerning criminal facts, and the choice of punishment;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) [Attachment 1] shall be limited to crimes under attached Table 39 (i.e., theft) and intrusion of structure at night, larceny, etc. for which judgment becomes final and conclusive;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (only between crimes specified in attached Table 2 through 30, a year of sight of crimes);

1. The reason for sentencing of Article 48(1) of the Criminal Code of Confiscation is that the crime No. 1 of the List of Crimes annexed to the reason for sentencing of Article 48(1) of the Criminal Code was committed before and after Article 37 of the Criminal Code.

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