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(영문) 창원지방법원 2016.11.24 2016고단3297
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 30, 2004, the Defendant was sentenced to six months of imprisonment for larceny at the Changwon District Court on April 30, 201, one year of imprisonment for larceny at the Ulsan District Court on April 30, 201, six months of imprisonment for larceny at the Changwon District Court on January 23, 2013, and one year of imprisonment for habitual larceny at the Changwon District Court on June 10, 2015.

On September 22, 2016, around 15:10 on September 2, 2016, the Defendant stolen a pair of gold 18 k gold ebs equivalent to 550,000 won in the market price owned by the victim D, which was operated by the victim D, Changwon-si, Sungsan-si, by means of a discount event, many customers were placed in the show stand.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of previous convictions and written judgments);

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 for discretionary mitigation [the scope of recommending punishment] The mitigated area (one year and six months to three years) of the Act on the Aggravated Punishment of Specific Crimes (a person subject to special mitigation] [the decision of sentencing] imprisonment with prison labor for one year (the details and methods of committing a crime, the amount of damage, the history of a crime, the reflectivity, the fact that the agreement is reached, etc., a minor sentence than the above recommended punishment shall be imposed in comprehensive consideration of the following factors:

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