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(영문) 창원지방법원 마산지원 2020.04.03 2020고단203
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

[criminal power] On August 13, 2010, the Defendant was sentenced to eight months of imprisonment with prison labor at night, for theft, etc., at the Changwon District Court on August 13, 2010; on October 22, 2014, the same court sentenced one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on September 28, 2016, the same court sentenced one year and two months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence at the Busan Correctional Institution on June

【Criminal Facts】

When the Defendant had no money in the water and had been living together, the Defendant kept a door and received money from an unspecified number of unspecified vehicles parked on the street or apartment parking lot, etc. during late night hours, and did not correct it. In addition, the Defendant had opened a door and passed it into that door, to steal money and valuables.

At around 02:40 on February 17, 2020, the Defendant: (a) opened a door by the chief knife, which was parked in the building B parking lot of the building in Yongsan-gu, Changwon-si; (b) opened a door to which the victim C was not corrected; and (c) colored the object to be stolen by entering that door; (d) there was no stolen object; (b) up to 03:00 on the same day, the Defendant was placed the hand of the vehicle parked 54 times in total, as shown in the annexed list of crimes, until 03:0 on the same day; (c) however, the vehicle door was not destroyed and the intention was not achieved.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. 112Report sheet, internal investigation report-Attachment of photograph, investigation report- pages of suspect, and attachment of image pictures at the time of committing the crime;

1. Previous records before ruling: Application of criminal records, inquiry reports, investigation reports (the same type of power and change of rate);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342, 329 and 35 of the Criminal Act concerning the crime committed;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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