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(영문) 창원지방법원 밀양지원 2018.12.20 2018고단463
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[2] On April 25, 2002, 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; on August 26, 2005, the Defendant was sentenced to imprisonment with prison labor for larceny at the Seoul Central District Court on August 26, 2005; on July 6, 2007, the Seoul Central District Court was sentenced to two years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on December 4, 2009, the Defendant was sentenced to one year and six months for a violation of the Act at the Seoul Western District Court on the Aggravated Punishment, etc. of Specific Crimes; on July 6, 2012, the Defendant was sentenced to imprisonment with prison labor for a period of three years for a violation of the Act (Larceny) at the Seoul Central District Court on the Aggravated Punishment, etc. of Specific Crimes and sentenced to imprisonment with prison labor for a period of three years from the Busan Central District Court on December 216, 20.

[2] On January 26, 2018, the Defendant: (a) around 23:57, up to 2018, up to the credit mountain station of Seoul subway No. 4; (b) within the train in the previous calendar section; and (c) within the train in the name of a male victim, who is under influence of alcohol, was sitting in the side of the male victim; and (d) up to one half of the market price, where the Defendant was able to have his hand on the part of the victim, and her handed up on the part of the victim’s

L. A. L. theft was committed.

Therefore, even though the defendant was sentenced to imprisonment with prison labor or more times due to larceny, he again committed larceny during the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Criminal photographs and CDs;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal career data, and each investigation report (No. 9, 10, 13) statute;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime committed;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The Criminal Act for mitigation of quantity;

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