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(영문) 부산지방법원 동부지원 2014.06.13 2014고합69
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

One copy (No. 1) of the seized hand, etc. shall be confiscated.

Reasons

Punishment of the crime

On December 16, 1997, the defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Busan District Prosecutors' Office on December 15, 1998, with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Busan Southern District Prosecutors' Office on October 20, 199, with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Busan District Court on December 6, 199, with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Busan District Court on November 4, 2003, with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Busan District Court on November 13, 2007, and completed a sentence for a violation of one year and ten months after being sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc.

On October 2013, the Defendant: (a) around 04:00, around 04:0, at the victim D’s residence in the Dong-gu Busan Metropolitan City, opened an unrest kitchen, and entered the entrance, and subsequently stolen cash of KRW 40,00,00, which is the victim’s possession, from the wall wall that was in the victim’s locked, by taking advantage of the gaps in which the victim was locked; and (b) subsequently, the Defendant stolen or attempted to steals property of KRW 5,385,00 in total by the same method over 11 times from around that time to March 14, 2014, as shown in the list of crimes in the attached Table.

Accordingly, the defendant habitually stolen or attempted to steals the victims' articles 11 times.

Summary of Evidence

1. Defendant's legal statement;

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

1. Each protocol of seizure and accompanying documents (Evidence No. 98-105 pages);

1. All on-site photographs;

1. Previous records of judgment: The results of search by prisoners, each criminal record, etc., inquiry reports, investigation reports (reports accompanied by a copy of judgment, etc.), and judgment attached thereto;

1. Habituality: Before the judgment, including the previous conviction.

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