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(영문) 창원지방법원 마산지원 2017.07.21 2017고합44
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On May 1, 2013, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Changwon District Court on April 13, 2014; on March 29, 2016, the Defendant was sentenced to imprisonment with prison labor for one year for larceny, etc. at the Changwon District Court on March 1, 2016; on February 1, 2017, in addition to the completion of the execution of punishment, six criminal records of the same kind are added.

【On May 15, 2017, the Defendant discovered Poter E truck, which is the victim D, parked in front of the Changwon-si, Changwon-si, Changwon-si, and opened an unCorrectioned Pool-si, and stolen property equivalent to KRW 620,000,00,000,000, market price of the victim’s ownership, which was the victim’s Pool-si, 22:1 on May 15, 2017, one on the rash-distance measuring instrument equivalent to KRW 50,000,00,000,000,000,000,000,000 won, and one on the 50,000,000,000,000,00 won, and one on the 1,000,00,000,00 won, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation reports (Attachment of photographs of damaged objects), investigation reports (car theft-related photographs);

1. A protocol of seizure and a list of seizure;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, reporting on the results of confirmation of the previous convictions of the disposition, and reporting on investigation (Attachment to the judgment of larceny case between the latest five years);

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 committed;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. The scope of applicable sentences by law: Imprisonment for one year to twenty years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] [the scope of the punishment] and the basic area (one year and six months to three years) of the type of larceny under the Specific Crimes Aggravated Punishment Act (joint habitual and repeated larceny) (the person who is subject to special sentencing].

3. Sentence;

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