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(영문) 창원지방법원 통영지원 2014.03.19 2014고단73
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On March 6, 2006, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Ulsan District Court on June 20, 2008, and three years of imprisonment with prison labor for the same crime at the Changwon District Court on June 20, 2008, and on March 25, 2011, the Defendant was sentenced to three years of imprisonment with prison labor for the same crime at the Busan District Court on March 25, 201, and was sentenced to 12 times in total.

【Criminal Facts】

On February 6, 2014, the Defendant: (a) around 10:30 on February 10, 2014, at the time of the Victim D’s D operation in Gosung-gun, Gosung-gun; (b) the victim sold rice tea stations at the above entrance; (c) entered the victim’s door by making use of gapss where surveillance was neglected; and (d) one mobile phone 3,000 won per 3,000 won per 70,000 won per 70,000,000 won per 1,000 won per 1,000,000 won per 1,000,000 won per 1,000 won per fals/ 1,000 won per

Accordingly, the defendant was sentenced to imprisonment more than three times due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and stolen the victim's property during the repeated crime period.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. A report (on-site photographs and accompanying photographs of damaged articles), a seizure record, and a seizure list;

1. Division: Application of Acts and subordinate statutes to investigation reports (as to confirmation of details of confinement of suspects), criminal records, replys to criminal records, investigation reports (as to previous records, attachment of judgments, and reports);

1. Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, the selection of a limited term of imprisonment for a crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [decision on types of punishment] are the basic areas of larceny in general, habitual and repeated crimes [decision on the recommended areas].

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