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(영문) 부산지방법원 2018.10.18 2018고단3697
절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal record] On June 5, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court on the Aggravated Punishment, etc. of Specific Crimes and completed the execution of the sentence on March 8, 2017.

[1] On February 19, 2018, the Defendant: (a) committed a theft of KRW 346,400 in total by the same five times in total, as indicated in the list of crimes in attached Table 2 from March 14, 2018, as follows: (b) around 10:00 on February 19, 2018, the Defendant: (c) 2 of the victim D’s market value, which was delivered on a door-to-door line, in front of the Busan B building C head office building C; and (d) 346,400 in total, as indicated in the list of crimes in attached Form 3.

2. From April 19, 2018, the Defendant: (a) 16:00 on April 19, 2018, the victim F-owned market price of KRW 244,000, which was transported by door-to-door distribution in front of the front door of the building E in Busan B, Busan, was stolen by 1 pair of 24,000.

Summary of Evidence

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (verification as to whether a repeated crime is repeated), previous convictions of the same kind and court rulings "2018 highest order 3697";

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to G, D, H, I, and J "2018 Highest 3784";

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made to K in the police statement;

1. Application of the Acts and subordinate statutes on dialogue;

1. Relevant Article 329 of the Criminal Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Application of the sentencing criteria [Scope of Recommendation] Habitual offense not falling under the aggravation of specific crimes (special aggravated) in the aggravated area (10 months to 2 years) of the larceny area for general property;

2. Although the defendant who was sentenced to the sentence has led to the confession of all the crimes and divided his mistake, the defendant not only has been punished several times for the same crime but also commits each crime during the period of repeated crime, the same shall apply.

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