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(영문) 부산지방법원 2014.03.28 2014고합105

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for three years.

One cuter (Evidence No. 1), draber (Evidence No. 2), Malilu.

Reasons

Punishment of the crime

[Criminal Power] On February 13, 2007, the Defendant was sentenced to one year of imprisonment for a crime of attempted special larceny in this court. On June 13, 2008, the same court was sentenced to three years of imprisonment for a crime of larceny in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On February 2, 2012, the same court was sentenced to two years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and completed the execution of the final sentence on September 28, 2013.

【Criminal Facts】

Around 03:00 on January 2, 2014, the Defendant opened the middle part of the instant Escooter, which was possessed by the victim D, located in Busan Jin-gu, Busan, and did not commit an attempted attempt, even if the Defendant opened the middle part of the Escooter’s booter, which was temporarily set up by the victim D, operated by the victim D, located in Busan Jin-gu, but was removed by the F who managed the said Escoo.

Accordingly, the defendant habitually committed an attempted crime of larceny of another's property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Records of seizure and the list of seizure;

1. Investigation reports (fields, etc.);

1. Previous records: Criminal records and other inquiries, investigation reports (Attachment to the same type of force and confirmation reports on the date of release);

1. Habituality of judgment: Application of damp-style statutes in light of the following: The history of each crime, the frequency of crimes, the frequency of crimes, and the repeated crime of the same kind in the instant case within a short time after the execution of the final sentence is completed;

1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Articles 342 and 331 (1) of the Criminal Act;

1. Article 35 of the Criminal Act among repeated crimes (Article 35 of the Act on the Aggravated Punishment, etc. of Specific Crimes, which has been completed on September 28, 2013): Provided, That it is limited to the proviso to Article 42 of the Criminal Act);

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. The reasons for sentencing under Article 48(1)1 of the Criminal Act shall be the sentencing.