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(영문) 부산지방법원 2020.09.25 2020고단2985
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On May 18, 2012, the Defendant sentenced three years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Busan District Court on January 12, 2016, to imprisonment for larceny at the Busan District Court on January 12, 2016, and one year and six months from the Busan District Court on March 28, 2019, to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution on June 9, 202.

1. On July 11, 2020, at around 17:45, the Defendant: (a) placed clothes in the D shop operated by the victim C located in Busan Jin-gu, Busan; and (b) placed in the store in the store, and stolen, one Ban (2,900 won at the market price) placed in the store.

2. On July 11, 2020, at around 17:50, the Defendant: (a) cut off goods from “G” in the “G” operation of the Victim F in Busan Jin-gu, Busan; (b) cut off the test log (60,000 won at the market price) and cut off one (49,000 won at the market price).

3. On July 2020, the Defendant: (a) taken several clothes at the “J” clothes store in Busan Southern-gu, Busan-gu H; and (b) took a theft with 18 points of clothes, such as anti-bins, which were displayed in the burial (total market value of KRW 194,700).

4. On July 2020, the Defendant: (a) taken two clothes at a “M” clothing store located in Nam-gu Busan, Busan, on two occasions; (b) took one Cheongbba (39,900 won at a market price) and one half baba (69,800 won at a market price) displayed in the store; and (c) took theft.

Therefore, even though the defendant was sentenced to imprisonment more than three times due to the theft, he stolen the victims' property during the repeated crime period.

Summary of Evidence

1. For the accused's legal statement I, each police statement C, and each statement of F: Criminal history records, etc. inquiry reports, each investigation report (including attachment of the same kind of force records, attachment of repeated crimes, each attachment of each accompanying material), and the application of Acts and subordinate statutes on the acceptance status of each individual;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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