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(영문) 부산지방법원 2014.04.10 2014고단1243
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On October 26, 1999, the Defendant sentenced 6 months to larceny at the Busan District Court, 8 months to the punishment of larceny at the Busan District Court on December 4, 2003, 10 months to the punishment of larceny at the Busan District Court on November 7, 2005, 2 years to the punishment of larceny at the Busan District Court on June 28, 2007, and 2 years to the punishment of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Busan District Court on April 28, 201, and completed the execution of the punishment on March 15, 2013.

On February 11, 2014, around 05:54, the Defendant opened a door No. 44 of the store box of North Korea located in the Busan metropolitan area of the second floor located in the Busan metropolitan area, Busan metropolitan area of the second floor, and stolen one package tour box in the amount of KRW 800,000 at the market price owned by the victim C (32G), which is equivalent to KRW 650,000 at the market price (16G).

Summary of Evidence

1. The defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution;

1. Statement of the police statement regarding C;

1. A report on investigation (the sequence 4, 7, 16 of the evidence list);

1. Previous convictions in judgment: Inquiry into criminal and investigation records, and application of Acts and subordinate statutes of investigation reports (Evidence List No. 14);

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

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that the degree of damage is not relatively heavy);

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