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(영문) 창원지방법원 2013.05.09 2013고합85
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On June 21, 2006, the Defendant was sentenced to four years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Busan High Court. On February 12, 2010, the Defendant was sentenced to three years of imprisonment with prison labor for the same crime at the Changwon District Court, and completed the execution of the sentence on January 3, 2013.

At around 21:00 on February 12, 2013, the Defendant: (a) stolen the victim’s “Eump” in the “Eump” operated by Changwon-si, Changwon-si, Changwon-si; (b) used the victim’s cret and booming the victim’s b.60,000 won in cash, which is the victim’s 2,000 won, at the entrance of the kitchen; and (c) stolen the victim’s b.60,000 won in cash, from that time until April 1, 2013, the Defendant habitually stolen the victim’s 12,90,00 won in total, including the list of crimes in the attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to F, G, and H;

1. Each statement of I, J, D, and K;

1. Statement of seizure of each police station;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (written judgments, etc.);

1. Habitualness of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the fact that the defendant committed each of the crimes of this case of the same kind repeatedly within the short time after being released from the military court, even though he/she had the same criminal records

1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the relevant criminal facts and Article 5-4 (6) and (1) of the Act on the Aggravated Punishment

2. Article 35 and the proviso to Article 42 of the Criminal Act among repeated crimes (i.e., violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, for which the execution of punishment was completed on January 3, 2013);

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

1. Three to twenty-five years of imprisonment with prison labor for a prison labor;

2. Application of the sentencing criteria (determination of types) shall be stolen;

Habitual theft.

In general, repeated theft [decision on the recommended area] basic area [Scope of recommending punishment].

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