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(영문) 부산지방법원 2014.08.18 2014고단4969

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[criminal power] On January 8, 2014, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny, etc. at the Busan District Court on May 30, 2014, and completed the execution of the sentence at the Busan District Court on May 30, 2014. On December 21, 2010, the Defendant was sentenced to 3 years of suspension of execution and 3 years of imprisonment with prison labor at the Busan District Court on December 21, 2010, and was sentenced to 1 million won of suspension of execution on July 16, 2008, and was sentenced to 1 million won of a fine due to larceny, etc. under the name of a crime such as special larceny.

【Criminal Facts】

1. Around 13:00 on June 7, 2014, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (thief) (thief) opened a driver’s seat in front of the E-road located in Busan City Organization D, where the victim C does not fasten the victim’s car, which is the victim’s possession, by using the cresh in which the victim C set a lock, and set up a driver’s seat, which is the victim’s possession, and cut off by driving the said car at a market price of 3.5 million won by using the starting heat attached to the driver’s vehicle.

Accordingly, the defendant habitually stolen the victim's property.

2. Around 13:00 on June 7, 2014, the Defendant driven the said F-ponpon vehicle without obtaining a driver’s license in the two-lane section from the front of the road to the front of the elementary-pon road located in 238, 191-h, 191-h, as the superintendent of the Busan City:30 on the same day, at around 13:30 on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Seizure records and details of driver's license tax;

1. Previous convictions indicated in judgment: Criminal records and investigation report (the confirmation of the person before and after the execution of the punishment, the date of completion of the execution, and the date of completion of the execution of the punishment,

1. Habitualness: The defendant has been sentenced to a suspended sentence of one year and six months by imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Busan District Court on December 21, 2010, and the defendant is identical.