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(영문) 창원지방법원 2019.11.21 2019고합207
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

【Criminal Power” On December 26, 2006, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. in the Daejeon District Court’s Support for Mountain District on December 26, 2006. On October 29, 2009, the Defendant was sentenced to four years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Gwangju District Court’s Netcheon Branch, etc., and on September 25, 2013, the Defendant was sentenced to six years of imprisonment for a violation of the Act on the Aggravated Punishment,

【Criminal Facts of Crimes】 On September 2, 2019, at around 22:40, the Defendant came to a DNA logistics factory managed by the victim C, a window B of Changwon-si, and entered the factory, and then intruded into the container through the entrance of the container used as the office and then did not correct the container, and then did so on an attempted wind to be discovered to the employees of the guard company dispatched.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. C’s statement;

1. Previous records: Criminal references, investigation reports (verification of repeated records and confirmation of the same record), and judgments;

1. Habituality of the judgment: A thief shall be admitted in light of the fact that each crime history, method of commission of crime, frequency of crime, and the crime of larceny was committed in 1 month after the execution of punishment was completed, etc.

Application of Statutes

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 330 and 342 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to twenty-five years;

2. The recommended range of punishment according to the sentencing guidelines [decision of type] is the category of larceny under the Specific Crimes Aggravated Punishment Act [type 2] habitual larceny [no person who is a special person].

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