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(영문) 부산지방법원 2012.12.07 2012고합835

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal power] On October 31, 1997, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny, etc. at the Busan District Court and 2 years of suspended execution. On September 17, 2002, the Defendant was sentenced to 1 year and 2 months of imprisonment with prison labor for special larceny, etc. at the Seoul Northern District Court on September 17, 2002; on June 4, 2004, the Busan District Court sentenced 1 year and 6 months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Busan District Court on August 25, 2009; and on January 4, 2011, the execution of the final sentence was completed.

【Criminal Facts】

Around 10:00 on May 26, 2012, the Defendant entered an inner bank through a window that had not been corrected at the time of the victim D’s house located in Busan Dong-gu, Busan, and carried out a theft with 14K posts and Bans equivalent to 200,000 won at the market price of the above victim’s possession, which was located in the cremation, from around that time to July 27, 2012, the Defendant: (a) stolen the victims’ property by the same method six times as shown in [Attachment Table 1-6] to the day from that time; and (b) attempted to steals the victim’s property E on July 7, 2012, as described in [Attachment Table 7].

As a result, the Defendant was sentenced to two or more penalties for violating the Act on the Aggravated Punishment, etc. of Specific Crimes, and again committed such crimes within three years after the execution is completed.

Summary of Evidence

【Criminal Facts in the Market】

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Each police statement made to G, H, I, E, and J;

1. Each statement of K and L;

1. A police investigation report (a statement in a telephone call with his/her wife residing along with the victim D);

1. Seizure records;

1. On-site photographs (the previous record of the board);

1. A statement on criminal records, etc.;

1. The investigation report (the date of completion of the sentence and attachment of the judgment) by the prosecution (Habitualness) (the defendant has already been subject to criminal punishment four times due to the larceny crime, and the execution of the sentence three times among which he/she has been sentenced to criminal punishment is completed.