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(영문) 창원지방법원 마산지원 2016.05.31 2016고단304
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2] On March 21, 2001, the Defendant was sentenced to imprisonment for two years with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Changwon District Court, on October 27, 2006, 8 months from the Changwon District Court’s imprisonment with prison labor for larceny of intrusion on a night structure at night on September 23, 2008; six months from May 12, 201; and six months from imprisonment with prison labor for an attempt of intrusion on a night structure at the Changwon District Court’s Msan Branch on May 12, 201; six months from February 27, 201 with prison labor for an attempt of larceny of intrusion on a night structure at the Changwon District Court’s Mapo Branch Branch branch on May 8, 2013; and one year and six months from the execution of the punishment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Changwon District Court’s branch on May 8, 2018.

[2] On April 10, 2016, around 23:02, the Defendant: (a) intruded the inside of the first floor through a rail installed at the entrance of the 2nd floor with outdoor stairs from the window in which the 2nd floor was installed; and (b) was stolen with cash 300,000 won owned by the victim from the plastic cash box at the entrance of 43 E.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

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

1. Each photograph;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (Attachment of a sentence of judgment), and personal identification and acceptance status;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning the crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. The sentencing conditions under Articles 53 and 55(1)3 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, shall be determined as ordered by taking into account the following circumstances, and other factors, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime.

Unfavorable circumstances: there are many records of punishment for the same kind of crime, and the crime of this case has been committed during the period of repeated crime due to the same crime.

The favorable circumstances: The crime of this case is recognized and reflected.

A person who has suffered damage by agreement with the victim.

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