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(영문) 부산지방법원 2014.10.02 2014고단7022
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On December 20, 2001, the Defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended sentence for larceny at the Busan District Court. On November 4, 2002, the Defendant was sentenced to 10 months of imprisonment with prison labor for larceny at the Busan District Court, 2 years of imprisonment with prison labor at the Busan District Court on February 6, 2009, 2 years of imprisonment with prison labor for larceny at the Busan District Court on January 20, 201, and 2 years of imprisonment with prison labor for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Busan District Court on January 31, 2013.

On December 30, 2013, around 14:30 on December 30, 2013, the Defendant: (a) opened an open gate to the 2nd floor of the victim D located in Busan Shipping Daegu C2; (b) opened the 2nd floor through the stairs installed outside the gate; (c) opened the 2nd floor of the 2nd floor of the 2nd floor of the 2nd floor of the 2nd floor of the 2nd floor of the 2nd floor of the 2nd floor of the 11st floor of the 2,900,000 total market price, including the 1st day of the 2nd floor of the 2nd floor of the 2nd in the 2nd floor

In addition, the Defendant: (a) removed a crime prevention room from December 30, 2013 to July 26, 2014 on a total of 12 occasions from around December 30, 2013 to around July 26, 2014; and (b) stolen precious metals, etc. equivalent to KRW 14,285,00 in total by having precious metals, etc. into an abandoned house.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's protocol of examination of the accused;

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

1. Police seizure records;

1. On-site identification reports and on-site files reports;

1. Photographs (the purchase account book, etc. of the slips);

1. Investigation report (in-house investigations as against N business owners, CCTV screen, etc.);

1. Previous convictions in judgment: Criminal records and investigation reports (the results of the search of prisoners);

1. Habituality of judgment: Application of Acts and subordinate statutes to recognition of the habition of larceny in light of the records of each crime in the judgment, the number of crimes, the recovery of crimes, and the fact that the same kind of crime has been committed in a planned manner twice;

1. Specific crimes provided for in the relevant Act regarding criminal facts.

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