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(영문) 부산지방법원 2017.08.29 2017고단3435
특정범죄가중처벌등에관한법률위반(절도)등
Text

Defendant shall be punished by imprisonment for a year and April, and a fine of KRW 300,000.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

On June 30, 2009, the Defendant was sentenced to 8 months of imprisonment with prison labor at the Busan District Court for larceny, and on October 27, 2009, the same court was sentenced to 1 year and 300,000 won of imprisonment with prison labor for larceny, etc. on May 22, 2013. On July 15, 2015, the Defendant was sentenced to 1 year and 6 months of imprisonment with prison labor for larceny, etc. on September 28, 2016, and completed the execution of the sentence at the Jinju prison on April 5, 2017.

1. Violation of the Act on the Aggravated Punishment of Specific Crimes;

A. At around 02:00 on June 24, 2017, the Defendant: (a) discovered a victim C who was under the influence of alcohol in front of a mutually influent head of the Dong-dong, Busan; and (b) cut off one cell phone in so far as the market value of the victim owned by the victim was 7.50,000 won at the gallonth of S6.

Accordingly, the defendant is sentenced to imprisonment more than three times with prison labor due to larceny and commits larceny again within the period of repeated crime.

B. Around 04:30 on June 24, 2017, the Defendant: (a) discovered the victim E, who was under the influence of alcohol in the street located in Busan-gu, Busan-do; (b) discovered the victim E with a deadly weapon that had been in possession of the victim, and then cut the victim’s flag by using a knife knife (the total length: 7cm: 3cm) which was a deadly weapon in its possession; and (c) then cut the victim’s knife with one knife knife (the market price is equivalent to KRW 59,000), one knife (the market price is equivalent to KRW 59,00), one 20,000 won in cash, two credit cards, and one knife card.

Accordingly, the defendant was sentenced to imprisonment more than three times due to larceny, etc. and committed special larceny again within the period of repeated crime.

2. On June 5, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) from around June 5, 2017 to around the 23th day of the same month, within the section of approximately 6km from around 206 a.m. to around 37-55 p.m. from the Busan East-gu, Busan-gu, Busan-do, Busan-do, to the front road in front of the Yongsan-gu, Busan-do.

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