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(영문) 창원지방법원 밀양지원 2020.01.16 2019고단542
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

[Criminal Power] On January 9, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Seoul Western District Court on May 31, 2013; on February 27, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor for special larceny, etc. at the Seoul Central District Court on February 27, 2015; on October 27, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor at the Busan District Court on October 27, 2016; on August 22, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Busan District Court on October 15, 2018; on October 23, 2019, the execution of the sentence was terminated.

【Criminal Facts】

1. On November 2, 2019, the Defendant: (a) around 08:30 on November 2, 2019, the Defendant: (b) opened a driver’s seat of the Victim D’s E-Vehicle; and (c) stolen, with three copies of Samsung Smartphones, one driver’s license, and three cash cards with which the victim’s market price cannot be known.

Accordingly, the Defendant, as stated in criminal records, has been sentenced to imprisonment with prison labor for larceny more than three times, but has committed larceny as above during the period of repeated crime.

2. On November 7, 2019, the Defendant: (a) around 20:48 on November 7, 2019, the Defendant: (b) opened the victim H’s I Cargo Sheet; and (c) stolen the Defendant’s franchise with a total amount of KRW 7,000,00,000, in front of the G restaurant located in the G Doyang-si F in the smuggling-si.

Accordingly, the Defendant, as stated in criminal records, has been sentenced to imprisonment with prison labor for larceny more than three times, but has committed larceny as above during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of H and D;

1. Protocols of seizure and the list of seized articles and photographs thereof;

1. Photographss of the scene of crime, caps of CCTV images, and damaged photographs;

1. A detailed statement on handling 112 reported cases;

1. Previouss before judgment: Criminal history records;

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