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(영문) 부산지방법원 2014.09.26 2014고단6612

특정범죄가중처벌등에관한법률위반(절도)

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 22, 1983, the defendant was sentenced to a short term of one year and six months and two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and was sentenced to a prison term of six months at the Busan District Court on September 17, 1986, and was sentenced to a suspended term of eight months at the Busan District Court on February 20, 199. On September 13, 2005, the defendant was sentenced to a suspended sentence of eight months of imprisonment for a larceny at the Busan District Court on September 13, 2005.

On March 29, 2014, the Defendant: (a) taken out one wall, which includes six copies of rehabilitation in an amount equivalent to KRW 13,000 in the market price, from the front of the “E-type land store” located in the D market located in the Busan-gu Busan-gu, Busan-do, and KRW 13,000, in the front of the “E-type land store” located in the D market.

In addition, during the period from time to July 18, 2014, the Defendant stolen the victims' property in the same way six times in total, such as the list of crimes in the attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of G, H, I, and J;

1. A criminal investigation report (Attachment, such as photographs of motion pictures), a criminal investigation report (Attachment of photographs);

1. Criminal records;

1. Habituality of judgment: Application of Acts and subordinate statutes to which dampness is recognized in light of the power of crime, method of crime, frequency of crime, etc.;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 329 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (in the recent years, consideration is given to the fact that there is no same kind of power);

1. Article 62 (1) of the Criminal Act (Agreement with Some victims);

1. Probation and community service order under Article 62-2 of the Criminal Act;