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(영문) 부산지방법원 서부지원 2017.10.16 2017고단995

특정범죄가중처벌등에관한법률위반(절도)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Criminal facts

On November 2, 1993, the Defendant was sentenced to imprisonment with prison labor for six months with prison labor for larceny, and for one year and six months with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Ulsan District Court on November 6, 1997, and for one year and six months with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court's Dong branch branch on March 29, 200, and for one year and eight months with prison labor at the Busan District Court on December 18, 2002, for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Busan District Court on June 13, 2005 and for three years with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court on September 29, 206 (the Aggravated Punishment, etc. of Specific Crimes) at the Busan District Court on March 1, 2005.

On August 10, 2017, at around 17:20, the Defendant, at around 17:20, carried out a trade name operated by the victim D, who is located in Seo-gu Busan, Seo-gu, Busan, opening a wall that was located on the victim's own will by making use of the gaps in which the victim's seat was diving, and carried out cash of KRW 440,000 (3 1:00,000 won and KRW 29,000).

Accordingly, the defendant was sentenced to imprisonment more than three times with prison labor for larceny and again commits larceny within three years after the execution of the sentence is completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation;

1. Previous convictions in judgment: Application of the results of inquiry, such as criminal history, and investigation reports (verification of criminal history, etc.) 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. The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the execution of which was completed on January 26, 2017, is an aggravated repeated crime under Article 35 of the Criminal Act.