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(영문) 창원지방법원 2013.05.03 2013고단844
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal Power] On February 8, 2007, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Changwon District Court on May 29, 2008; six months at the Changwon District Court on May 29, 2008; and one year at the Busan District Court on May 26, 2009.

After that, on September 30, 201, the Busan District Court sentenced one year and two months of imprisonment with prison labor for larceny, etc. on September 30, 201, and completed the execution of the sentence in the Busan Correctional Institution on June 25, 2012.

【Criminal Facts】

On March 31, 2013, at around 17:00, the Defendant: (a) cut off one of the three cash 350,000 won, the victim’s possession in the above bank, one resident registration certificate, one driver’s license, four credit card, one cash card, one cash card, and one security card in the market value, using the gap in which the victim C puts a room above the 1131-2 room in the home fracker store in the city of Kimhae-si, Kim Jong-si, and the head of the household neglected to hold the shopping.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Investigation report (to attach the market price and photographs of a damaged article wall);

1. Previous records of judgment: Application of inquiry reports on criminal records, etc., investigation reports (verification of the date of release and attachment of a copy of judgment);

1. Article 5-4 (5) 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;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the fact that the crime is not significant in the amount of damage, and the crime is committed once, and all damaged goods are returned to the victim and the victim is not subject to the punishment of the defendant);

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