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(영문) 부산지방법원 2020.04.02 2020고단639

특정범죄가중처벌등에관한법률위반(절도)등

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

No. 11, seized evidence No. 16, 17, 18, to the victim B.

Reasons

Punishment of the crime

[criminal power] On January 19, 2010, the Defendant was sentenced to one year and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in Busan District Court. On November 22, 2011, the same court was sentenced to three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief). On January 19, 2017, the Defendant was sentenced to two years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and completed the execution thereof on October 2, 2018.

【Criminal Facts】

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) committed soup at soup, resulting in a shortage of living expenses, and raised awareness of theft of smartphones from unspecified persons located therein.

Accordingly, at around 04:00 on January 19, 2020, the Defendant intruded into E located in Busan Dong-gu, Busan, and at least 05:00 on the same day, the Defendant stolen the money and valuables of the victims, whose total market value was approximately KRW 1.88,00,00 from around that time to February 12, 2020, by taking advantage of the gaps in which the victim F was locked, brought about Samsung Ggallon 2 smartphones at the expense of KRW 60,000,000 in the market value of the victim.

In this regard, the defendant was sentenced to imprisonment not less than three times due to larceny, but has committed larceny within the repeated crime period.

2. On January 24, 2020, the Defendant acquired a room equivalent to KRW 30,000,000,000 in the market price, including a kidne subway station located underground in 310 (forest Dog-dong), a male disabled person toilet located under the ground of 310 (forest Dog-dong), and a wall, a resident registration certificate, a welfare card, a meal card, etc., that is owned by the victim G, from a toilet for the disabled person, and a room equivalent to KRW 50,00.

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

Summary of Evidence

1. The defendant;