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(영문) 부산지방법원 2018.10.12 2018고합308
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[2] On September 25, 2003, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court, and was sentenced to two years of imprisonment for the same crime at the Daegu District Court on October 13, 2005, and was sentenced to two years of imprisonment for the same crime at the Busan District Court on January 8, 2008, and was sentenced to four years of imprisonment for the same crime at the same court on March 19, 2010, and completed vocational training in the North Korean prison on January 11, 2018.

[Criminal Facts] The Defendant is habitually sentenced to two or more punishment for larceny, and the execution of the punishment is completed within three years, and he/she is habitually punished by larceny on two occasions as follows.

On June 28, 2018, the Defendant: (a) around 15:21 on June 28, 2018, 15:21, the first floor of the Busan-gu Busan-gu C building 135, “D”, and distributed attention to the victim E, who is an employee, and then decentralization one gold 18 km of the market price of KRW 1.8 million at the place of display at that place (1.8 d.108 d.1), stored one gold d. of KRW 18,800 at the market price of the place of display at that place (1.8 d.1.4 d.4 d.), stored one gold d. of KRW 130,000 at the market price of the display site at that time, brought the d.1,300,000,000 at the market price of the display site.

On June 21, 2018, the Defendant, around 20:10 on June 21, 2018, cut off one gold 1.5k gold 1,50,000 won at a display stand located in Jongno-gu Seoul Metropolitan Government F commercial store, where the surveillance of the Victim H, who is the business owner, was neglected.

Summary of Evidence

1. Previous convictions: A reply to inquiries, such as criminal history, investigation report (a repeated crime and attachment of the same military force judgment);

1. Habituality of judgment: The recognition of dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crime was repeated within a short time, etc. as indicated in the judgment "2018 High 308";

1. Statement by the defendant in court;

1. Prosecutions against the Defendant.

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