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(영문) 부산지방법원 2013.03.29 2012고단8723
특정범죄가중처벌등에관한법률위반(절도)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On April 14, 201, the Defendant, on the first half of 14:00, embezzled, on the first half of 201, a total of 2,950,000 won of the market value of women’s clothes (as panty 650 panty 650 panty, brode 100 panty 100 panty panty spanty spanty span span span span span span span span span span span span span

2. On June 201, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) committed a theft of 15 times in total from the date and time to June 11, 2012, with approximately 20 panty clothes (one pantyty 15, two brode 5) owned by the victim E, etc., including the victim E, etc., who were suffering from the Busan Jindong-gu Downdong rooftop, and the market price of which cannot be known, and committed a theft of her property or attempted to receive the victim habitually over 15 times in total, as shown in the attached list of crimes, from the date and time to June 21, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of the police statement concerning F;

1. Police seizure records;

1. Each photograph and appraisal report;

1. Each investigation report (No. 11, 13, 25, 30 No. 50);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method of each crime, frequency of crimes, and the fact that the same kind of crime has been committed in a planned and organized manner;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329 and 360 (1) of the Criminal Act concerning the relevant Articles of the Act on the Punishment, etc. of Specific Crimes and the Selection of Penalties;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. The Defendant, under Articles 53 and 55(1)3 of the Criminal Act, has obtained substantial benefits through the seizure of all stolen goods.

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