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(영문) 부산지방법원 2015.09.02 2015재고단36
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On October 26, 199, the Defendant was sentenced to six months of imprisonment with prison labor for larceny at the Busan District Court on December 4, 2003, and was sentenced to ten months of imprisonment with prison labor at the Busan District Court on November 7, 2005, sentenced to two years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Busan District Court on June 28, 2007, and completed the execution of the sentence in a prison on March 15, 2013.

【Criminal Facts】

On February 11, 2014, around 05:54, the Defendant opened a door No. 44 of the store box of North Korea located in the Busan metropolitan area of the second floor located in the Busan metropolitan area of the Seocho-gu, Busan metropolitan area, and cut off a travel package containing 800,000 won (32G) 1, 650,000 won in the market price of the injured C, and 1, 15, 15, 3, 3, 3, 3, 1, 1, 1, 1, 2, 2, 1, 1, 1, 1, 1, 1,2, and 1,2,2,2, and 1,000,000 won in the market price of the injured C.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. A report on damage;

1. A report on investigation (the sequence 4, 7, 16 of the evidence list);

1. Previous convictions: Inquiry into criminal and investigation records and investigation reports (Evidence Nos. 14);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the fact that each crime force and the same kind of crime in the judgment were repeated within a short time;

1. Relevant Articles of the Criminal Act and Articles 332 and 329 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act provides that the defendant, who has been already sentenced several times of punishment due to the same kind of crime for sentencing of repeated crime, has committed the instant crime again within the period of repeated crime, and it is necessary to strictly punish the crime because the nature of the crime is very poor.

However, the degree of damage is not obvious, and it is against it.

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