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(영문) 부산지방법원 2019.03.27 2019고단668
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant was sentenced to eight months of imprisonment for larceny at the Busan District Court on June 8, 2009; on May 14, 2010, the same court was sentenced to ten months of imprisonment for larceny; on January 31, 2012, the same court was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on April 17, 2014, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and completed the execution of the sentence in the Busan Correctional Institution on February 22, 2016.

On February 9, 2019, at around 13:13:13, the Defendant discovered that the victim D, the customer of the “C,” who was a restaurant of the first floor underground of the building B in Jung-gu, Busan, was seated in the container of the carter type, and she was seated in the container of 1.5 million won at the market price. On February 9, 2019, the Defendant moved back to the victim, and then deducted one of the above leather 950,000 won in cash owned by the victim.

Accordingly, the defendant was sentenced to imprisonment more than three times due to larceny, etc., and again stolen another's property even during the repeated crime period.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Process of seizure and photographs of seized articles, and CCTV closure photographs;

1. Previous records of judgment: Application of criminal history records, investigation reports (verification of results of disposition of repeated crimes and judgment, etc.);

1. Grounds for sentencing under Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, Articles 329 and 35 of the Criminal Act (Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes is a special provision on the aggravation of repeated crimes stipulated in Article 8 of the Criminal Act, and thus, the punishment of repeated crimes under Article 35 of the Criminal Act does not

1. The scope of punishment by law: Imprisonment for two to twenty years;

2. The scope of the recommended punishment according to the sentencing guidelines [the decision of types] shall be stolen on the thief under the Specific Crimes Aggravated Punishment Act.

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