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(영문) 창원지방법원 마산지원 2018.10.30 2018고단876
절도등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Criminal facts

Around 07:00 on July 27, 2018, the Defendant: (a) came to a house in Changwon-si, Changwon-si, a member of Changwon-si, managed by the victim B; (b) removed two steel doors and two entrance doors in the place, respectively, using the dracker prepared by the victim after completing redevelopment work; and (c) committed a theft; (d) from that time until August 30, 2018, the Defendant did not commit an attempted theft or theft of the victims’ property on seven occasions, as stated in the list of crimes, from that time until August 30, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the respective laws and regulations of E, B, F, G, H and D;

1. Relevant Articles 329 and 329 of the Criminal Act concerning the facts constituting an offense and the choice of punishment, respectively (abstinence point, choice of imprisonment), Articles 342 and 329 of the Criminal Act (abstinence point and choice of imprisonment);

1. The scope of applicable sentences under each Act on the grounds of sentencing for concurrent crimes as stated in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with punishment for larceny listed in the annexed Table No. 6, which is the most severe crime) of the Act on the Aggravated Punishment of Concurrent Crimes is one month to nine years of imprisonment.

The defendant has been punished for larceny over four times in total.

Among them, there are five previous convictions who were sentenced to imprisonment (one year and six months of imprisonment with prison labor) and sentenced to imprisonment, and in particular, the previous convictions committed in the 2000s are all the same methods as the crimes in the judgment.

Even if the Defendant limited only from 2011 to 2017, the Defendant committed the larceny crime in total on five occasions in the same manner as the above, and the court has taken the action as a fine, regardless of the Defendant’s many kinds of criminal records.

Even if so, the defendant does not have to do so, the above prior wife of the court.

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