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(영문) 부산지방법원 2017.03.15 2017고단612
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[M] The defendant was sentenced to imprisonment with prison labor for a maximum of three years and six months for special larceny at the Busan District Court on October 27, 1981; on January 31, 1985, the defendant was sentenced to one year and six months for an attempted special larceny at the Busan District Court on December 13, 198; on October 12, 1990, the defendant was sentenced to two years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court on October 2, 2001; on November 15, 2007, the defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court on May 15, 2007; on October 16, 2007, he was sentenced to one year and six years for a violation of the Act at the Busan District Court on the Aggravated Punishment, etc. at the Busan District Court on May 16, 2007.

[2] On January 19, 2017, around 00:45, the Defendant discovered that the victim F is walking along with male-child appearance G in the stairs No. 42 in front of the Busan Jin-gu C, Busan, and that the victim was approaching the 2nd E commercial building located after the victim, and then, he attempted to bring about approximately 100,000 won of cash owned by the victim, 30,000 won of cash, 1, 1, 1, 1, 1, 1, and 1, 1,000 won of the Han Bank Card, 100,000 won of market price on the part of the victim and G. However, as the victim and G were discovered, the Defendant did not decrease the above half of the building to the bottom and did not commit it.

Accordingly, the defendant was sentenced to imprisonment not less than three times due to larceny, etc., and tried to steals the property of the victim within the period of repeated crime, but attempted to commit the crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police in F and G;

1. Investigation report (verification of the market price of damaged goods);

1. A previous conviction in judgment:

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