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(영문) 창원지방법원 거창지원 2020.02.06 2019고합33
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[Criminal Power] On July 23, 2014, the Defendant sentenced two years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court, and on August 18, 2016, the same court sentenced three years to imprisonment for habitual larceny, respectively, and completed the execution of the sentence on May 31, 2019.

【Criminal Facts】

The Defendant discovered the Category D truck from November 9, 2019 to October 1, 2010 of the same year by the victim C’s vehicle parked at the front of the official parking lot of the building in the Gyeong-gun in the Gyeong-gun in the Gyeong-gun in the Gyeong-gun, the Defendant: (a) opened an unlocked door; and (b) committed a theft with one cash of 130,000 won, two seal seals; (c) one passbook, one passbook, and one pocket book owned by the victim; and (d) committed a theft of another’s property on a total of 12 occasions from around that time to December 2, 2019, such as the list of crimes in the annexed sheet.

As a result, the defendant was sentenced to punishment more than two times due to larceny, etc., and again stolen or attempted to steals property within three years after the execution of the sentence was completed.

Summary of Evidence

1. Defendant's legal statement;

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

1. Each written statement of C, J, K, and L;

1. Records of seizure and the list of seizure;

1. Each photograph;

1. Investigation report (detailed analysis of results of search of transit vehicles);

1. Previous records of judgment: References to criminal records, seven copies of written judgments, and current status of personal 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) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 342 of the Criminal Act concerning the crime;

1. Reasons for sentencing under Article 35 of the Criminal Act (Inasmuch as a criminal record of habitual larceny exists in the market), among repeated crimes;

1. Scope of punishment by law: Three to fifty years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision on the types of larceny]. The types of larceny under the Specific Crimes Aggravated Punishment Act are two types of larceny.

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