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(영문) 부산지방법원 2020.09.18 2020고단3117
상습특수절도등
Text

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

Reasons

Punishment of the crime

On December 6, 2017, the Defendant was sentenced to imprisonment with prison labor for habitual special larceny in the Busan District Court on December 6, 2017 and completed the execution of the sentence in the Busan Detention House on February 25, 2019.

From October 2019, the Defendant: (a) in the “D” operated by the injured party C in Busan Shodong-gu, Busan at KRW 02:0,00; (b) opened and intruded the main window by using any cret cret cret after the completion of the business; (c) opened and stolen tobacco of an amount equivalent to KRW 4,500 won at the market price in the restaurant; and (d) habitually intruded into the restaurant, etc. at night from around that time to July 14, 202; and (c) did not collect property at KRW 886,70 in total; (d) did not receive property at KRW 15,00 in [Attachment 1], 10,000 in [Attachment 1], 30,000 in [Attachment 1], 15,000 in [Attachment 16], 30,000 in [Attachment 1], 15,000 through 15,00 in [Attachment 15].

Summary of Evidence

1. Protocol of each police statement of the defendant E in court and F;

1. Previous records in each field photograph (Evidence Nos. 33, 41) of the statements of G, H, I, J, K, L, M, C, N,O, and P: Habitual records in the judgment of an investigation report (verification of the same type of punishment as a suspect): The application of damp-style Acts and subordinate statutes in light of the criminal records, method of crime, frequency of crime, etc. as stated in the judgment;

1. Articles 332, 331(1), and 330 [Article 330 of the Criminal Act in relation to criminal facts (Article 332, 331(1)]; Article 330 of the same Act (Article 330 of the same Act in relation to habitual special larceny, which covers the remaining acts of habitual special

C. Supreme Court Decision 75Do1184 delivered on May 27, 1975, etc.)

1. The reason for sentencing Article 35 of the Criminal Act is the same.

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