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(영문) 부산지방법원 2019.05.31 2018고합579
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[Criminal Power] On November 18, 2003, the Defendant was sentenced to imprisonment for one year and six months with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Busan District Court's Busan District Court's Branch on July 12, 2006, and one year and six months from imprisonment with prison labor for special larceny, etc. at the Busan District Court's Busan District Court's Branch on March 14, 2008; one year and six months from imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Busan District Court on June 4, 2009; and three years from imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Busan District Court on September 16, 2011; and on May 21, 2015, the execution of the sentence was terminated at a detention house on August 11, 2017.

【Criminal Facts】

On July 25, 2018, at around 16:17, the Defendant: (a) cut off the victim’s D’s 2nd floor located in Busan Jin-gu B with a cresh of coffee and a cresh of table, three physical cards, one resident registration certificate, and 50,000 won at the market price contained in one resident registration certificate.

As a result, the defendant was sentenced to punishment twice or more for larceny, and habitually stolen the victim's property within three years after the execution of the sentence is completed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on occurrence of a theft;

1. A report on investigation (a change of name of a crime and a review of larceny habitually);

1. Before judgment: Investigation report (limited to repeated crimes) and current status of confinement for individuals;

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the fact that the defendant's previous and previous family unit up to five times (ten times if the case is included) and the motive, method, circumstances of the crime in this case and the defendant's necessity of medical treatment is a person;

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Sentencing sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.

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