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(영문) 부산지방법원 동부지원 2019.02.20 2019고단30

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On May 25, 2010, the Defendant was sentenced to one year and six months of imprisonment with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Busan District Court, and on September 9, 2015, the same court was sentenced to one year and four months of imprisonment with prison labor due to habitual larceny. On March 22, 2018, the Defendant was sentenced to eight months of imprisonment with prison labor from the Busan District Court’s Branch Branch of the Busan District Court for larceny and completed the execution thereof on September 29, 2018.

【Criminal Facts】

1. Around 03:00 on November 5, 2018, the Defendant: (a) opened a driver’s registration certificate, the victim’s resident registration number owned by the victim C, which was parked in the place, and the victim’s resident registration number, and the golf-based member card, with one set of 100,000, the market price of which includes one set of 10,000 won.

2. The Defendant, at the same time and place as in the preceding paragraph, stolen money and valuables in a car, opened a door of the driver’s seat of FMW car owned by the victim E, which was parked in that place, but did not bring about an attempted attempt because the driver’s seat door was corrected.

Accordingly, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at least three times, such as the statement of criminal records, and again stolen another’s property during the period of repeated crime, and attempted to steal another’s property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. E statements;

1. On-site reports on results of identification, reports on internal investigation (as to the confirmation of whether a suspect was committed before and after committing a crime, and on the face of committing a crime), fingerprint confirmation, personal identification of the theft case, and reports on investigation (as to a photograph of identification);

1. Previous records of judgment: Criminal records, current status of personal confinement, list of related cases, and application of statutes, such as judgment;

1. A person who commits a crime under Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 329 of the Criminal Act shall be punished by attempted larceny.