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(영문) 부산지방법원 서부지원 2020.02.13 2019고단2769

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On February 4, 2019, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Daegu District Court, and completed the execution of the sentence at the Busan District Court on October 5, 2019. On August 28, 2013, the Defendant was sentenced to imprisonment with prison labor for larceny for six months from the Changwon District Court’s territorial branch for the purpose of larceny and six months from November 5, 2014.

【Criminal Facts】

1. On November 20, 2019, the Defendant committed the crime against the victim B around 14:11, 201, in D operated by the victim B located in Seo-gu Busan, Seo-gu, Busan, and intruded the victim into the knick by using the knick knick knick knick knick, and again stolen one set of 1,100 won at the market price and 4,000 won at the rate of 1,10 won.

Accordingly, the defendant was sentenced to imprisonment more than three times with prison labor due to larceny, but theft was committed again during the period of repeated crime.

2. On December 6, 2019, around 13:02, the Defendant committed the crime against the victim E, in the front corridor operated by the victim E in Busan Western-gu, Busan-gu, one household room in the amount of KRW 15,000, which the victim 15,000, posted on the clothes, and one household room in the market value of KRW 70,000,000, the market value of which is equivalent to KRW 50,000,000, and one day for the 30,000,000,000, the market value of which is equivalent to KRW 30,00,00.

Accordingly, the defendant was sentenced to imprisonment more than three times with prison labor due to larceny, but theft was committed again during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement E and B;

1. Investigation report CCTV investigation, victim E's oral statement, and DNA CCTV;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of the same type of power) and Acts and subordinate statutes;

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 among repeated crimes;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.