beta
(영문) 부산지방법원 서부지원 2018.09.12 2018고단405

상습특수절도등

Text

Defendant

A shall be punished by imprisonment for a period of two and a half years, and imprisonment for a period of two years.

Nos. 4 through 10 of seized evidence.

Reasons

Punishment of the crime

[criminal history] Defendant A was sentenced to one year of imprisonment for special larceny at the Gwangju District Court on November 26, 2007, and was sentenced to ten months of imprisonment for special larceny, etc. at the Seoul District Court Southern District Court on June 11, 2013. On February 4, 2016, Defendant A was sentenced to one year and four months of imprisonment for special larceny at the Daejeon District Court on February 4, 2016, and completed the execution of the sentence in Daegu Prison on September 20, 2016.

Defendant

B was sentenced to eight months of imprisonment for an attempted special larceny in the Daegu District Court’s support on December 16, 2010, and on May 15, 2014, the Daegu District Court sentenced one year to imprisonment for an attempted special larceny, etc., and on August 18, 2016, the Changwon District Court sentenced one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Changwon District Court on August 18, 2016, and completed the execution of the sentence in Busan District Court on November 25, 2017.

[2018 Highest 405, 1060]

1. Defendant A’s habitual special larceny and Defendant B’s violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) committed on November 30, 2017 from around 18:30 to around 07:00 on December 1, 2017, Defendant A’s network is reported, Defendant A installed a container entrance, and Defendant B installed a container entrance, with a tool not known, with a tool amounting to 4.2 million won of the market price of the victim H, and loaded it into the vehicle waiting and waiting, with a tool amounting to 4.2 million won of the market price of the victim H, from around that time to February 11, 2018, and did not commit a theft over the total amount of KRW 1-3, 8-9, 12-22, 30-3, as indicated in the attached Table of Crimes, or attempted theft over the total amount of KRW 79,700,000,00.

Accordingly, even if Defendant A was sentenced to imprisonment not less than three times due to larceny, etc. in collaboration with Defendant B, Defendant B was jointly punished with Defendant A during the period of repeated crime, and the victim’s property was stolen or attempted to steals, such as in the list of crimes committed.

2. Defendant A’s habitual special larceny Defendant A and his name and influence (one person).