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(영문) 부산지방법원 2013.06.28 2013고합36
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal power] On November 27, 1984, the defendant was sentenced to imprisonment with prison labor for a short term of 8 months, maximum of 10 months, and April 17, 1986 at the Busan District Court for larceny and 2 years from imprisonment with prison labor for a short term of 8 months, maximum of 10 months, and December 10, 1986 at the same court on December 10, 1986; and on March 14, 2006 at the same court on March 14, 2006, for a crime of larceny and larceny, 8 months from imprisonment with prison labor for a crime of larceny and 2 years from probation; on October 31, 2008; and on October 31, 2008, the same court sentenced imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) and completed the execution of each of the above last 2 years on December 201.

【Criminal Facts】

Defendant, habitually,

1. On December 18, 2012, around 10:35, the victim C, who gets from the subway station No. 3 in the Seopo subway Station in the Seopo-dong, Seopopo-dong, Busan, was his hand, cut off one MCM wall in the amount of 312,000 won in cash and 250,000 won in the market price with one cM card in the body card of the Busan bank, and then cut off by taking off one cM wall in the amount of 312,000 won in cash on his hand;

2. 2012. 12. 23. 12:55경 부산 부산진구 D에 있는 E 1층 내에서 피해자 F이 가방을 어깨에 메고 책을 고르는 것을 보고 피해자의 뒤에서 피해자를 툭 치면서 가방 속에 손을 넣어 현금 25,000원 및 신용카드 4매가 들어 있는 시가 800,000원 상당의 프라다 지갑 1개를 절취하려고 하였으나 피해자에게 발각되어 그 뜻을 이루지 못하고 미수에 그쳤다.

Accordingly, the defendant was sentenced to two or more penalties for violating the Act on the Aggravated Punishment, etc. of Specific Crimes, and again committed such crimes within three years after the execution thereof is completed.

Summary of Evidence

【Criminal Facts in the Market】

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. Each investigation report (to be attached to, and stolen from, On-siteCCTV screen);

1. The photograph of the damaged article(s) 1.1.

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