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(영문) 부산지방법원 2013.05.31 2013고합254

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal power] On December 8, 1995, the defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Busan District Court on September 20, 200, 8 months from the same court on December 20, 201, 10 months from the imprisonment with prison labor for larceny, etc. at the same court on October 15, 2001, and 1 year and six months from the imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the same court on July 20, 2004; 2 years from the imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny); 3 years from the imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the same court on October 20, 206; 3 years from the imprisonment with prison labor for the same court on February 19, 2010.

【Criminal Facts】

On March 12, 2013, at around 23:31, 2013, the Defendant habitually opened and intruded into the E-sports horse business site operated by the 3th floor victim D, Busan, the Busan, the 33rd floor, and has a 30,000 won of the market price owned by the victim and a 300,000 won of the market price in which one passbook of the Busan bank is located.

Accordingly, 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 thereof is completed.

Summary of Evidence

【Criminal Facts in the Market】

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Police investigation report (Attachment of a photograph of frightit);

1. A reference report on criminal records, etc.;

1. Investigation report by prosecutors (the previous department of a suspect);

1. The Defendant committed the larceny of this case at the time of completion of the execution of the final sentence, even though he/she was sentenced to a criminal punishment on seven occasions due to the larceny crime. Of the instant crime and the instant criminal records, six times out of the said criminal records, the Defendant stolen money and valuables by intrusion upon another’s residence, and thus, three times among them.