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(영문) 창원지방법원 통영지원 2019.08.21 2019고단837
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On February 18, 2011, 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, and was sentenced to eight months of imprisonment with prison labor for larceny, etc. at the branch court of the Changwon District Court on July 23, 2015, and on March 24, 2017, the Defendant was sentenced to one year and two months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the branch court of the Changwon District Court on March 24, 2017 and completed the execution of the sentence in the Busan Prison on April

【Criminal Facts】

1. The Defendant committed the crime against the victim B around September 29, 2018: around 03:40 on September 29, 2018, put the victim’s surveillance in a double wave 27,000 won in the market price owned by the victim, which was located in a water tank, and stolen the victim’s surveillance in front of the victim’s operation D.

2. The Defendant committed the crime against the victim E, around September 29, 2018, committed a theft of the victim’s 80,000 won of the market price owned by the victim, by setting aside the victim’s cellular phone to take photographs of the victim’s act of theft described in paragraph (1) using his/her mobile phone in the frontway operated by the victim at large city F on September 29, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of B and E;

1. On-site photographs;

1. Previous records of judgment: Criminal records, reply reports, copies of judgment, and application of Acts and subordinate statutes to the acceptance status of individuals;

1. Article 5-4(5) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Punishment, etc. of Specific Crimes under Article 5-4(5) of the relevant Act on the Aggravated Punishment, etc. of Specific Crimes is a provision for aggravated punishment of repeated crimes, and such aggravated punishment of repeated crimes under Article 35(2)

Subparagraph 1, Article 329 of the Criminal Act

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment for concurrent crimes against victims E with heavy penalty)

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

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