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(영문) 부산지방법원 2013.04.05 2013고합107

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for three years.

A seizure one (No. 6), two aftermash (No. 9).

Reasons

Punishment of the crime

[Criminal Justice] On August 17, 2007, the Defendant was sentenced to imprisonment for a maximum of one year and nine months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and one year and six months for a short term on August 24, 2009 at the Busan District Court, and the execution of the sentence was terminated on August 24, 2009. On April 9, 2010, the Defendant was sentenced by the Busan District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and was sentenced for a one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and was sentenced for a single thie

【Criminal Facts】

The Defendant habitually stolen the victims’ property at least six times as follows.

Around 02:00 on September 6, 2012, the Defendant discovered a e-learning car parked on the street in front of the Dunning room located in Busan, Seo-gu, Busan, and then stolen KRW 133,000 in total over six times from that time, as shown in the list of crimes, from that time to December 12 of the same year, the Defendant used the Gaf, which used the Gaf’s car, with the victim FF cash amounting to KRW 80,000 and the market price in a non-foreign currency ($).

Summary of Evidence

1. Defendant's legal statement;

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

1. Records of seizure and the list of seizure;

1. Responses to fingerprinted results at criminal scene;

1. Records before judgment: Criminal records, etc. inquiry reports and investigation reports (the date on which a suspect's term of punishment expires and confirmation of judgment);

1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the fact that the same kind of crime has been repeatedly committed within the short time after the execution of each crime, method of crime, frequency of crime, and final punishment is completed;

1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the relevant criminal facts and Article 5-4 (6) and (1) of the Act on the Aggravated Punishment

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Confiscation Article 48(1) of the Criminal Act