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(영문) 창원지방법원 2014.05.02 2014고합77
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

The application for compensation order of this case shall be dismissed.

Reasons

Punishment of the crime

[criminal power] On May 4, 1998, the Defendant was sentenced to imprisonment with prison labor for one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Changwon District Court on November 10, 200; imprisonment with prison labor for the same crime in the same court on September 21, 2004; imprisonment with prison labor for the same crime in the same court on September 21, 2004; and imprisonment with prison labor for two years and six months for the same crime in the same court on May 27, 201 and completed the execution of the sentence on December 25, 2012.

【Criminal Facts】

From May 2013, the Defendant and C came to 23:0 p.m. in the middle order of Ulsan-si, Ulsan-si, Ulsan-si, and at around 23:00, at the same time, C has cut the end of approximately 100 meters of the market price of the victim Korea Railroad Corporation owned by the victim who was installed on the relevant iron line, and the Defendant cut off the cut contact line at the end of about 722,00 meters, and the Defendant committed a theft by carrying the cut contact line on the flive line to the Done Star Cork Cork knick knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif knif.

Accordingly, the defendant habitually committed or attempted to commit a theft of property owned by the victim by habitually combining C.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of co-defendant C;

1. Each police statement to E, F, G, H, I, J, and K;

1. Each written statement of L and M;

1. Each report on damage;

1. Records of seizure and the list of seizure;

1. An investigation report (verification of unit price for damage caused by the adjacent line);

1. Previous convictions in judgment: Inquiry report (A), investigation report (verification of a suspect's criminal record and the date of release), copies of each judgment, and the status of personal confinement and confinement;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Article 5-4(6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, concerning the relevant criminal facts and the choice of punishment.

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