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(영문) 부산지방법원 2021.03.25 2021고단309
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On October 14, 2008, the Defendant was sentenced to two years of imprisonment with prison labor for larceny and three months, and one year and six months of imprisonment with prison labor for larceny in the Incheon District Court's Vice Branch of the Incheon District Court on April 28, 201, and two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daejeon District Court on August 14, 2014. On May 10, 2018, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daegu District Court's Port Branch of the Daegu District Court on March 15, 2020.

On December 16, 2020, the defendant entered the store of "D in the operation of Busanjin-gu B and the victim C" around December 11, 2020.

As if you purchase precious metal, you would like to show the balm to the victim, and then walms equivalent to 250,000 won in the market price of the victim, which was suffering from the display stand in order to recover the goods, were stored in the balms of the defendant, and stolen them.

Accordingly, the defendant was sentenced to imprisonment more than three times with prison labor for larceny and has committed larceny during the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Criminal photographs, etc.;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, report on investigation (report on confirmation of the same record as the suspect), four copies of the judgment, and application of Acts and subordinate statutes concerning reference materials (personal confinement status);

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

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Scope of punishment by law: Two to forty years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [type 1] under the Act on the Aggravated Punishment of Specific Crimes [No person subject to special sentencing] shall be punished by imprisonment with prison labor for two to three years (the scope of the recommended punishment revised according to the sentencing guidelines] (the lowest limit of the sentence recommended in the sentencing guidelines]. The basic area of the larceny [type 1] joint habitual and repeated larceny [the scope of the recommended punishment] [the scope of the recommended punishment], and one year and six months through three years [the scope of the recommended punishment revised according to the sentencing guidelines].

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