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(영문) 부산지방법원 2014.09.29 2014고단6855
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

【The relationship with the preceding sentence】 The Defendant was sentenced to six months of imprisonment with prison labor for larceny at the Busan District Court on June 8, 200, and was sentenced to six months of imprisonment with prison labor for the same crime at the same court on November 11, 2003, and was sentenced to one year of imprisonment with prison labor for the same crime at the same court on September 30, 2005, and was sentenced to one year of imprisonment with prison labor for the same crime at the same court on April 4, 2007, and was sentenced to one year and six months of imprisonment with prison labor for the same crime on July 16, 2009 at the same court on November 24, 201, and completed the execution of the sentence in the detention house on May 22, 2013.

【Criminal Facts of Crimes】 On August 10, 2014, the Defendant: (a) around 02:19: (b) around 02:30,000, the victim E, who was in the vicinity of D’s passenger waiting room located in the Busan East-gu, Busan, had a cell phone of the amounting to KRW 900,000 in the market price owned by the victim, where the victim fells the floor.

Accordingly, the defendant was sentenced to imprisonment more than three times with prison labor due to larceny, and stolen the victim's property during the repeated crime period.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on investigation (CCTV) and a report on seizure;

1. Before judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (the attachment of repeated crimes of suspects and reports on the expiration of their term of punishment);

1. Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 329 of the Criminal Act concerning the crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] [the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act [the scope of recommending punishment]] no basic area (2 to 4 years) (2 to 4 years) of habitual and repeated larceny (2 to 4 years) [the decision of sentencing] was recovered, the defendant is against the defendant, and the defendant's criminal records are considered in the arguments of this case, and the punishment is determined as ordered.

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