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(영문) 부산지방법원 2017.10.13 2017고합221
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[2] On July 7, 2009, the Defendant was sentenced to three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court, and the execution of the sentence was terminated at the original prison on March 5, 2012. On May 11, 2012, the Defendant was sentenced to three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court, and on March 10, 2015, on March 10, 2015, the execution of the sentence was terminated. On August 26, 2015, the Defendant was sentenced to two years for a crime of habitual night structure intrusion larceny at the Busan District Court, and on April 9, 2017, the execution of the sentence was terminated at the third intersection of the North Korean Branch.

[2] On May 2, 2017, around 00:30 on May 2, 2017, the Defendant opened an entrance that was not set up in the “E” restaurant operated by the victim D located in the Busan Metropolitan City Jung-gu, Busan Metropolitan City, and intruded into the entrance, and thereafter, 7:50,000 won in cash, which is the victim’s possession, kept in the safe of the account unit.

In addition, as shown in the list of offenses from around 15:12 on April 11, 2017 to around 19:50 on May 2, 2017, the Defendant did not have any money and valuables worth KRW 4,094,000 in total after the victims intrude into each structure managed by the victims on 13 occasions.

As a result, the defendant was sentenced twice or more to larceny, etc. and habitually committed larceny within three years after the execution of the sentence was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against F, G, H, I, J, K, L, or M;

1. A statement in each category of N, D,O, P, and Q;

1. Reports on the results of each on-site photograph, each CCTV closure photograph, and on-site identification;

1. A report on investigation and internal investigation (a list of evidence Nos 2, 24, 42);

1. Previous convictions before and after a ruling: A reply to inquiry, such as criminal history, investigation report (including the list Nos. 34, 36 of evidence Nos. 34, 36 of each written judgment and the current status

1. Habituality of the judgment: The records of each crime in the judgment, the number of crimes, the frequency of crimes, and two days after release.

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