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(영문) 부산지방법원 서부지원 2017.10.16 2017고단887

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

On September 25, 2014, the Defendant was sentenced to six months of imprisonment for larceny, etc. at the Changwon District Court, and eight months of imprisonment for larceny, etc. at the Changwon District Court’s territorial branch on April 9, 2015. On January 20, 2016, the Defendant was sentenced to six months of imprisonment for larceny, etc. at the Busan District Court’s Busan District Court, and completed the execution of the sentence on June 3, 2016.

1. On May 2, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) around 15:50 on May 2, 2017, at around 15:50, the Defendant carried four air conditioners (4 air conditioners) in excess of the market price set aside by the victim C in order to install air conditioners at the entrance of one small-sized apartment unit located in the city of Busan, Young-do.

Accordingly, the Defendant stolen the property owned by the victim.

2. On May 2, 2017, the Defendant: (a) around 06:00 on May 2, 2017, the Defendant: (b) obtained a new bank cream card lost by the victim D; and (c) did not take any procedure such as returning it to the victim; (d) on the front of the Busan-dong Busan-dong Scream, Busan-dong.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. C. Each police statement made with respect to D;

1. Photographs of each damaged article;

1. Previous convictions: Application of a reply to inquiries, such as criminal history, personal confinement records, and copies of the judgment;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 329 of the Criminal Act, and Article 360 (1) of the Criminal Act (the embezzlement of deserted articles in possession, the selection of imprisonment, and the selection of punishment);

1. Article 35 of the Criminal Act for aggravated repeated crimes (with respect to larceny, etc. whose punishment has been completely executed on June 3, 2016)

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is aggregated with the long-term punishment of the above two crimes) of the same Act;

1. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;