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(영문) 부산지방법원 2018.09.19 2018고단3391
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 records] On May 27, 201, the Defendant was sentenced to a suspended sentence of ten months for larceny, etc. at the Changwon District Court’s Tongwon District Court’s branch office, and on July 17, 2012, the suspended sentence was invalidated upon being sentenced to six months for special larceny at the Busan District Court’s Busan District Court. On June 18, 2015, the Defendant was sentenced to two years for imprisonment for special larceny at the Busan District Court’s Busan District Court’s branch office, and completed the execution of the sentence on March 29, 2017.

[2] On April 27, 2018, at around 01:00, the Defendant: (a) opened a corridor of the first floor of the building and intruded into the door door door of the entrance door with the second floor not corrected; and (b) committed a theft of KRW 100,000 in cash owned by the said victim while being kept in the entrance door; and (c) from that time to July 27, 2018, the Defendant stolen the property owned by the victims of KRW 1,020,000 in total over 22 times, such as the day table of the crime (i.e., “F”, since the victim’s “D” as indicated in this subparagraph is a clerical error; and (d) the victim’s property owned by the victims of KRW 1,020,000,000 in total.

As a result, the Defendant was sentenced to imprisonment more than three times with prison labor for the larceny crime, and again committed the larceny during the repeated crime period.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G, H and F;

1. Each written statement of I, J, D, K, L, F, M, N, P, Q, Q, S, T, U,V, W, and X;

1. Each report on occurrence (the list of evidence Nos. 1, 10, 15, 22, 44, 47, 53, 59);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, the current status of personal confinement, and investigation report (verification of special history of larceny punishment) by statutes;

1. Article 5-4 subparag. 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed in relation to the relevant criminal facts, Article 330 of the Criminal Act (the crime of larceny at night), Article 5-4 subparag. 5 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 331(1) of the Criminal Act (the crime of special larceny), Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 331(1) of the Criminal Act (the crime of attempted special larceny).

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