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(영문) 창원지방법원 마산지원 2014.10.22 2014고단700
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On June 25, 2014, around 01:00, the Defendant opened a vehicle door and opened a vehicle door in the way of entering and entering the vehicle's key straw in the E-car owned by the victim D, which was parked in the parking lot of the building C in Changwon-si, Changwon-si, Seoul, with four million won in cash owned by the said victim.

The Defendant, in the foregoing manner, stolen the said cash amount of KRW 4 million from April 2014 to June 25, 2014, and subsequently attempted to steals or steals KRW 4,078,000, a total of 21 times during the period from around April 2014 to around June 25, 2014, respectively, and attempted to steals or steals the said cash amount.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D, F, G, H, I, J, K, L, M, M, N, P, QR, S, T, U, V, W, X, andY;

1. Results of appraisal of the scene of the crime, replys, and seizure records;

1. A copy of the written opinion on each juvenile protection case attached to the investigation report;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method of crime, frequency of crime, and repeated crimes of the same kind;

1. Article 5-4 (1) 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 Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] [the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act / [the scope of recommending punishment] No basic area (2 to 4 years) for habitual and repeated larceny (2 to 4 years) / [the decision of sentencing] 1 year and 6 months (the fact that there are several records of juvenile protective disposition received due to the same type of crime, the fact that damage has not been recovered: Provided, That the defendant is against the victim, and the fact that G, K, N, R, Z, Z, Z, X and X want the Defendant’s wife, etc.

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