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(영문) 부산지방법원 동부지원 2020.06.10 2020고단786
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 to 3 shall be returned to the victim B.

Reasons

Punishment of the crime

On May 22, 2015, the Defendant was sentenced to 2 years of imprisonment with prison labor for habitual larceny, etc. and 2 million won of a fine in a retrial by a member of the Suwon District Court, on April 21, 2016, and was sentenced to 1 year and 2 months of imprisonment with prison labor for habitual larceny at the Incheon District Court’s District Court on April 21, 2016, and on November 17, 2017, the Defendant was sentenced to 2 years and 6 months of imprisonment with prison labor for larceny, etc. and 200,000 won of a fine on February 10, 2020.

1. On April 13, 2020, at around 01:04, the Defendant intruded into the second floor parking lot of the Busan Shipping Daegu apartment C Apartment, Busan Metropolitan City, and opened a back door of the driver’s seat that was parked in the victim B’s car, and cut off with cash of KRW 11,400 (one thousand KRW 1,00 KRW 2, 500 KRW 17 KRW 500 per annum), which was owned by the victim.

2. On April 13, 2020, the Defendant continued to hold, at the same place as before and after the preceding paragraph, a back door of a driver’s seat that was parked in the victim E’s F Matas car, and attempted to detect a stolen object, even if it was displayed at the wind.

Accordingly, the defendant, who has been sentenced to imprisonment not less than three times due to larceny, committed larceny twice again during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of G and B prepared;

1. Police seizure records;

1. Investigation report (as to listening to the victim's telephone statement, and attaching CCTV screen pictures with the face of a crime scene);

1. Photographs, etc. of damaged articles;

1. Previous convictions in judgment: Application of inquiry reports and investigation reports (within the period of repeated crimes A) Acts and subordinate statutes;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 330 of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 330 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Aggravation for concurrent crimes;

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