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(영문) 부산지방법원 2020.04.22 2019고단6408
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On November 24, 2011, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Busan District Court on January 8, 2015, and was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Busan District Court on January 13, 2017; and on October 21, 2017, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Busan District on October 21, 2017, and after the said judgment became final and conclusive on August 31, 2018.

【Criminal Facts】

On April 3, 2019, at around 02:16, the Defendant: (a) laid off the 2nd floor in the Busan East-gu, Busan-gu, 206 as the center of Busan-do, and then cut off the 25,000 won of the market price (including a 40,000,000 won of the market price, which is equivalent to 65,000 won of the market price, and 25,000,000,000 won of the market price).

Therefore, even though the defendant was sentenced to imprisonment more than three times due to the theft, he stolen the victim's property during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Records of seizure and the list of seizure;

1. A CCTV image photograph or damaged photograph;

1. Before holding: Investigative inquiries into criminal and investigation records, investigation reports (the necessity to confirm repeated criminal records and change the name of a crime), court rulings, and application of Acts and subordinate statutes to the current status of acceptance by individuals;

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

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Scope of punishment by law: One to twenty years of imprisonment;

2. The scope of recommending punishment according to the sentencing criteria (a decision of type) shall be the thief.

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