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(영문) 부산지방법원 2018.03.29 2018고단701
특정범죄가중처벌등에관한법률위반(절도)등
Text

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

Reasons

Punishment of the crime

[2] On September 19, 2001, the Defendant was sentenced to one year of imprisonment for larceny, etc. at the Busan District Court; on December 23, 2003, the above court was sentenced to one year and six months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on February 17, 2005, the above court was sentenced to one year and six months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on June 8, 2007, the above court was sentenced to one year and six months of imprisonment for a crime of larceny, etc.; on December 29, 2014, the above court was sentenced to one year and four months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court, and on February 2, 2017, the execution of the sentence became final and conclusive on March 31, 2017.

[Criminal facts]

1. On February 2, 2018, the Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) entered the instant coffee shop operated by the victim D, in Busan Geum-gu, by pretending to customers on February 17:30, 2018, and cutting off one pen coloring door of the amount of KRW 200,000,000 at the market price of the victim, which was suffering from the locking of the locked, and cutting off on February 16:0, 2018, with the entrance door of the victim G operated by the victim G on the Busan Geum-gu, Busan, and the second floor, one 10,000,000,000 won, which was placed adjacent to the baseline, and one flabing flabing with the street.

Accordingly, even if the defendant was sentenced to imprisonment more than three times for the larceny crime, he/she again committed the crime of larceny during the period of repeated crime.

2. On February 2, 2018, the Defendant: (a) invaded upon a structure, as described in paragraph (1) around February 16:40, 2018, into the E coffee shop managed by the victim D; and (b) on February 9, 2018, as described in paragraph (1), invaded upon a structure managed by another person entering and managing by the victim G, as described in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and G;

1. Previouss before ruling: A reply to inquiries, such as criminal history, investigation report ( prisoner.).

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