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Reasons
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(영문) 부산지방법원 2012.06.05 2012고단3594
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for not less than one year and six months.

No. 10 of seized evidence shall be returned to the victim's name unrefilled person.

Reasons

Punishment of the crime

On December 27, 2006, the Defendant was issued a summary order of 700,000 won by larceny at the Busan District Court, and on December 24, 2008, the Defendant was sentenced to a suspended sentence of 8 months by imprisonment with prison labor at the Busan District Court for larceny, etc. on December 24, 2008, and on July 23, 2010, the sentence of 6 months by imprisonment with prison labor at the Ulsan District Court for larceny was invalidated on December 17, 201, and the said sentence became final and conclusive on December 17, 2010, and on July 31, 201, the execution of the said sentence was completed.

Around 12:20 on June 16, 2012, the Defendant: (a) opened a driver’s seat which was parked on the road in front of “D” located in the Dong-gu Busan Metropolitan City (hereinafter “D”); and (b) was habitually stolen at least KRW 270,000 in total amount of KRW 1,30,000, total market price of KRW 1,195,000, and KRW 240,000, and KRW 1,195,00,000, and KRW 270,000,000 in total, by the same way as indicated in the list of crimes in the attached Table, from around April 25, 2012 to around October 17, 2017:

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning E and G;

1. Each statement of H, I, J, K, L, M, N,O, and P;

1. An investigation report (to hear victim Q, R telephone statements, and to verify damaged vehicle numbers, etc.);

1. subparagraphs 1 through 14 of the seized evidence;

1. Previous convictions in judgment: Criminal records and investigation reports (reports prior to disposition, results confirmation reports, and confirmation reports on the date of release);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

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

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Article 53 of the Criminal Act for discretionary mitigation.

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