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(영문) 창원지방법원 진주지원 2014.07.23 2014고단315
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On May 19, 2011, the Defendant was sentenced to imprisonment for two years and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., in the Gwangju District Court's net support, and completed the execution of the above punishment on September 4, 2013.

On March 24, 2014, at around 17:00, the Defendant opened a gate that was not locked by the Defendant’s perception of theft from the victim D, which was located in Jinju-si, and infringed upon the victim’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Before judgment: Application of Acts and subordinate statutes on criminal records, etc., investigation reports, and records of personal identification and confinement status;

1. Relevant Article 319 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. In light of the fact that the reason for sentencing Article 35 of the Criminal Act among repeated criminals has the history of having been sentenced to imprisonment several times due to the thief crimes, and that the Defendant committed the instant crime during the period of repeated crimes due to the previous conviction in the judgment, etc., a serious punishment against the Defendant is inevitable, but it is inevitable to take into account the circumstances favorable to the Defendant, such as the fact that the Defendant did not proceed to the thief crimes, and that the Defendant agreed smoothly with the victim. Other character, conduct and environment of the Defendant, the background and consequence of the instant crime, the circumstances after the instant crime, etc., and all the circumstances constituting the conditions for sentencing as shown in the

The acquittal portion

1. At around 17:00 on March 24, 2014, the primary Defendant: (a) opened a locked door at the victim D’s house located in Jinju-si; (b) opened the locked door; and (c) opened the victim’s house; and excavated the victim’s house; and (d) opened the locked door; and discovered the stolen articles; and (c) did not commit an attempted crime.

Accordingly, the defendant habitually attempted to steal another's property and attempted to do so.

2. First of all, the part concerning the above facts charged among the interrogation protocol of the defendant against the prosecution.

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