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(영문) 부산지방법원 2019.06.14 2019고합68
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

[Criminal Power] On September 8, 2006, the Defendant was sentenced to imprisonment with prison labor for one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and two years for the same court on March 25, 2008 for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and three years for the same court on April 15, 2013 for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On January 24, 2017, the Defendant was sentenced to imprisonment with prison labor for the larceny and two years for the same crime on August 21, 2018.

【Criminal Facts】

On November 24, 2018, around 14:30 on November 24, 2018, the Defendant: (a) made soup to the male escape room 93 in Busan Dong-gu, Busan; (b) put 200,000 won in cash inside the wall owned by the victim D; and (c) based on the written statement of the victim N in the annexed crime list until February 9, 2019; and (d) the prosecutor’s protocol of suspect examination against the Defendant, the Defendant’s statement in the annexed crime list Nos. 9 in the annexed crime list is deemed to be a clerical error of “ February 7, 199” as “ February 6, 199.”

A total amount of 13,087,00 won has been paid up to 13 times, such as the statement.

As a result, the defendant was sentenced twice or more to the crime of larceny or the attempted crime, and was habitually punished by larceny within three years after the execution of the sentence was completed.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, F, G, H, I, J, K, L, M, N, andO;

1. Each police protocol of statement of P, D, andO;

1. An on-site inspection report and an on-site inspection report (C);

1. Photographs, visit photographs of the suspect, and site photographs of the suspect;

1. An investigation report (on-site investigation and relative investigation of the victim, tracking investigation of the suspect), an investigation report (on-site Q service bus and getting out of the suspect), investigation report (on-site bus and getting out of the suspect), investigation report manual, investigation of the suspect and investigation of the suspect.

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