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(영문) 창원지방법원 마산지원 2014.09.24 2014고단766
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

① On June 15, 2006, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on the Aggravated Punishment, etc. of Specific Crimes, and was sentenced to imprisonment with prison labor for a crime of larceny at the Busan District Court on March 17, 2009. ③ On May 1, 2012, the Defendant was sentenced to six months by imprisonment with prison labor at the Busan District Court on May 1, 2012. On August 8, 2012, the Defendant had seven times the same criminal records, such as the record of completion of the sentence

On August 20, 2013, the Defendant, along with pro-dong C, discovered the fact that the victim D was locked at the Changwon-si Seoul Metropolitan City bus stops in front of 29-11, members of Changwon-si, Masan-si, Masan-si, 201. On August 20, 2013, the Defendant: (a) discovered the victim D at the event; (b) stolen the victim’s wall; and (c) reported the network around C; and (d) 300,000 won in cash; (b) carried out the victim’s examination reflect on the victim’s name with one driver’s license in front of 29-1.

Accordingly, the defendant stolen the above property owned by the victim in collaboration with C.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to each of the accused who has been subject to the investigation report, such as a repeated crime;

1. Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 331 (2) and (1) of the Criminal Act concerning the facts constituting the crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] No basic area (2 to 4 years) (2 to 3 years) of habitual and repeated larceny (2 to 4 years) (the decision of sentencing sentence] [the decision of sentencing is inconsistent with one year and six months (the fact that this case is committed on one occasion for the larceny, and the extent of damage is relatively low)

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