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(영문) 창원지방법원 거창지원 2018.12.19 2018고단251
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2] On August 25, 2005, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Changwon District Court Branch Branch of the Changwon District Court on February 10, 201; on December 8, 2011, the Defendant was sentenced to imprisonment with prison labor for the same offense; on April 1, 2015, the Defendant was sentenced to imprisonment with prison labor for the offense of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Changwon District Court on December 8, 201; on October 15, 2015, the Defendant completed the execution of the sentence on October 15, 201 in the case of the third party branch of the Changwon Branch of the Changwon District Court, which was sentenced to imprisonment with prison labor for larceny, etc. at the Changwon District Court on October 26, 2017, and completed the execution of the sentence in Daegu District Court on June 19, 2018.

[2] On August 27, 2018, around 08:05, the Defendant opened a door that was parked in the C frontway located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun on August 27, 2018, and subsequently stolen a cigarette amounting to KRW 4,500,000, which is the market value of the victim E-owned at the place where the vehicle was received.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements, records of seizure, lists of seizure and photographs;

1. Previous convictions: Application of Acts and subordinate statutes in Part VI of the judgment, such as inquiries about criminal history, investigation reports (verification of the fact that the period of repeated crime is in existence), one copy of the status of acceptance by individuals, and five copies of the judgment, investigation reports (verification of the same type of force), and

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. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] mitigated area [the scope of the recommended punishment] mitigated area (the scope of the punishment shall be one year to two months) of type 1 (the person who is subject to special sentencing), mitigated factors (the person who is subject to general sentencing] mitigated factors (the person who is subject to general sentencing and whose significant damage has been recovered), mitigated factors (the scope of the recommended punishment] (the scope of punishment shall be one year to six months);

2. Elements of sentencing that are disadvantageous to the determination of sentence: previous factors.

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