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(영문) 부산지방법원 동부지원 2019.01.30 2018고단2235

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On February 19, 2013, the Defendant was sentenced to 10 months of imprisonment with prison labor for a crime of larceny, etc. at the Seoul Eastern District Court. On September 26, 2014, the Seoul Central District Court sentenced the Defendant to 1 year and six months of imprisonment with prison labor for a crime of larceny, etc. at the Busan District Court on April 20, 2017, and completed the execution of the sentence on May 30, 2018 at the Busan District Court.

【Criminal Facts】

At around 12:00 on July 6, 2018, the Defendant entered the research institute of Cuniversity D Campus located in Busan, and did not correct for the purpose of larcenying property from the building of the Cuniversity D Campus Life Resource Science University, which was located in Busan, into the research institute of the above building E, and collected 560,000 won in cash from the wall located in the bank owned by the victim F, which was located on the wall, and stolen it. From that time on eight occasions until November 13, 2018, the Defendant did not commit a theft by impairing another person’s management, such as the list of crimes, and attempted to steals property or attempted to receive property.

Accordingly, the defendant, who was sentenced to imprisonment more than three times due to larceny, did not take a theft of property or take a theft of property during the repeated crime period, but did not bring about such intent, and invaded upon a structure managed by another person.

Summary of Evidence

1. Defendant's legal statement;

1. The protocol of police statements against G, F, H, I, and J also constitutes reinforced evidence of the facts constituting the crime described in paragraph 5 of the annexed Table of Crimes

1. Reinforcement evidence concerning the facts constituting a crime listed in paragraph (8) of the attached list of crimes committed video CDs, CCTV images CDs, and 8.

1. A report on investigation (at least an event, etc.);

1. Reinforcement evidence of the crime stated in paragraph (2) of the attached Table of crime scene map and on-site photograph;

1. Previous convictions indicated in judgment: Criminal records and criminal facts as a result of the search of prisoners;