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(영문) 창원지방법원 마산지원 2013.05.08 2013고단243
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

On March 21, 2001, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Changwon District Court on March 21, 2001; imprisonment with prison labor for a structure in night at night on October 27, 2006; imprisonment with prison labor for a structure in night; six months from September 23, 2008; and on May 12, 201, with prison labor for an attempted larceny of a structure in the Changwon District Court at night on May 27, 201; and on February 27, 2012, the Defendant was sentenced to six months in imprisonment with prison labor for a night building in the same court on August 28, 2012; and a person who has the same kind of power at night on September 10, 2012, such as the termination of the execution of the sentence.

On February 23, 2013, around 21:10, the Defendant was at the “E” store for the victim’s D operation in Changwon-si, Changwon-si C1, and attempted to steals food, etc. contained in the kitchen air conditioners by intrusion into the store through a locked door. However, the Defendant did not intend to commit an attempted crime by spreading it to the victim who returned to be sede and his wife F, and having escaped.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A reply to inquiries, such as criminal records;

1. Investigation reports (Attachment of the same kind of judgment);

1. Application of Acts and subordinate statutes to investigation reports (Attachment to the current status of custody and confinement by individual);

1. Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 342 and 330 of the Criminal Act concerning the crime;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, including discretionary mitigation, has the record of being punished several times for the larceny, etc., and the Defendant committed the instant crime during the repeated crime period. However, even though he/she was aware of the instant crime, he/she is against the recognition of the instant crime, and other circumstances constituting the sentencing conditions indicated in the records, including the Defendant’s age, character and conduct, family relationship, family relationship, home environment, motive and means of the instant crime, and circumstances after the crime, shall be determined as ordered by taking

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