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(영문) 창원지방법원 마산지원 2018.10.30 2018고단920
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

On June 12, 2007, the Defendant was sentenced to imprisonment for one year with prison labor for intrusion upon a structure at night, larceny, etc. at the Daegu District Court, and two years after the suspension of the execution of imprisonment with prison labor for one year from the Daejeon District Court on July 8, 201; eight months from the imprisonment with prison labor for larceny; eight months from the imprisonment with prison labor for larceny; ten months from the imprisonment with prison labor for larceny; and on May 27, 2015, at the Incheon District Court on August 10, 201, with prison labor for one year and six months from the imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seo-gu District Court on November 1, 2017.

On April 21, 2018, the Defendant stolen money of KRW 27,00,00, which was owned by the victim of the “F” in the “F” located in the 2nd floor, Changwon-si, Changwon-si, Seoul Special Metropolitan City E-2, using a cresh in which the victim’s G makes a map. (See 5,000, KRW 2, 1,000, KRW 17,000, KRW 5,000).

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (verification of repeated crimes and attachment of the same military force judgment);

1. Article 5-4 (5) 1 and Article 329 of the Act on the Aggravated Punishment, etc. of Specific Crimes against the crime under the relevant Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes [The crime of larceny, etc. is committed in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes]

1. As to the crimes indicated in the reasoning for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment, the punishment prescribed by Act is “a person who has been sentenced to imprisonment for not less than two years but not more than 20 years” (where a repeated crime is aggravated, “a person who has been sentenced to imprisonment for not less than two years and not more than 40 years” refers to “a person who has been sentenced to imprisonment for a period of not more than 2 years” and “a person who has been sentenced to the aggravated punishment”

In addition, the criminal defendant committed a criminal offense against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief).

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