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(영문) 부산지방법원 동부지원 2019.06.28 2019고합33

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

【Criminal Power】

1. On August 23, 2011, the Defendant was sentenced to imprisonment with prison labor for three years and six months and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Chuncheon District Court, and completed the execution of the final sentence on October 2, 2014.

2. On July 15, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for habitual larceny, etc. at the Seoul Central District Court, and completed the execution of the sentence on September 15, 2017.

3. On March 29, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for larceny in the Goyang Branch of the Jung-gu District Court (Seoul District Court), and completed the execution of the sentence on April 17, 2018.

【Criminal Facts】

The Defendant, as stated in the above criminal records, sentenced to imprisonment with prison labor for larceny, etc. at least three times, and stolen another’s goods during the period of repeated crime.

On January 26, 2019, the Defendant cut off goods worth KRW 3,862,90 on eight occasions from October 21, 2018 to January 26, 2019, as shown in the list of crimes, in the second floor C store located in Busan Shipping Daegu B of Busan, the amount of KRW 5,800 managed by the victim D, and from October 21, 2018 to January 26, 2019, the Defendant stolen goods worth KRW 3,862,90 on eight occasions.

around 09:33 on November 12, 2018, the Defendant used the gap in the management of the Victim G in the “F Burial” located in Busan Northern-gu, Busan-gu, and stolen the victim’s property by means of using the gap in the management of the Victim G, which is equivalent to KRW 38,000 in the market price, 250 in the amount of KRW 6,250 in the market price, 4,980 in the amount of KRW 4,980 in the large-scale 1, 1, 1, 3,50 in the market price, 3,50 in the large-scale 2,90 in the market price, 1, 3,950 won in the large-scale 1, 3,980 won in the large-scale 3,90 won in the market price, or 1,60 won in the middle-gu, and without calculating it.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. Each statement prepared by D, J, K, L, M and G;

1. CCTV photographs inside a department store, CCTV photographs for each suspect, and images of each CCTV video recording;