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(영문) 창원지방법원 2016.06.14 2016고단1199
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence 2 through 6 shall be confiscated.

The articles of seizure 1, 9, 10 each.

Reasons

Criminal facts

On December 7, 2006, the Defendant was sentenced to one year and six months by imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Changwon District Court on the Aggravated Punishment, etc. of Specific Crimes. On August 20, 2009, the Defendant was sentenced to imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the same court on August 20, 2009, and was sentenced to three years by imprisonment for the same crime in the same court on February 7, 2013, and completed the execution of the sentence on December 14, 2015.

At around 20:30 on January 15, 2016, the Defendant: (a) discovered one victim CTB bicycle storage unit in front of the Masan-si, Sungwon-si, Sungwon-si, which was kept in the bicycle storage unit; (b) stolen the above bicycle storage unit in an amount equivalent to KRW 2 million at the market price by carrying the corrective device in his/her hand; and (c) stolen the above bicycle storage unit in his/her hand at least 14 times in total from around that time to April 49, 2016, as shown in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement;

1. Reports on each occurrence of a crime;

1. Each protocol of seizure;

1. Each report on internal investigation:

1. Each photograph;

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (personal identification/ confinement status and attachment of judgment attached);

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 as prescribed in the corresponding Act;

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

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The following circumstances were taken into account in determining the same sentence as the reasons for sentencing under Article 333(1) of the Return Criminal Procedure Act:

- Basic matters: The details and methods of committing the crime, the scale of damage, etc. - Unfavorable circumstances: the high history of criminal punishment for the same kind of crime, and the fact that the crime was committed during the period of repeated crime due to the same kind of crime, etc. - The confession and reflects

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