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(영문) 부산지방법원 2018.09.18 2018고단3578
절도
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal record] On March 29, 2017, the Defendant was sentenced to imprisonment with prison labor for larceny at the Daejeon District Court on January 31, 2017 and completed the execution of the sentence.

[2] On July 25, 2018, the Defendant, at the Busan Jung-gu Office Office Office Office (hereinafter “Seoul-gu Office Office”) Btel parking lot around 07:32, 2018, in total, KRW 720,000, total of KRW 720,000, total of KRW 720,000, 1 copy of the GS merchandise coupon, which is the victim’s ownership at the place where the Defendant was parked, opened a knife and opened a knife of a driver’s seat that was not corrected for the halog car, which is the victim’s owner.

In addition to theft and theft, from around that time to August 1, 2018, property equivalent to KRW 3,417,000 in total was stolen on six occasions, such as the list of crimes in the attached Form, in the same manner as the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Written statements of D, F, G, H, I, and J;

1. Police seizure records;

1. The investigation report (the monthly report 33);

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (including net time 35, additional rulings, and current status of custody);

1. Relevant provisions of the Criminal Act and the choice of punishment for the crime. Article 329 (Punishment of Imprisonment);

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

1. Crimes of the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act on the grounds of sentencing [the scope of recommending] Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of punishment] Article 2 of the Act on the Aggravated Punishment of Specific Crimes (10-2 years), which are subject to the aggravated area (10-2 years), Article 2 of the same repeated crime not subject to the aggravated area (the scope of recommending punishment] Article 2 of the Act on the Aggravated Punishment of Specific Crimes (10-2 years) (the special aggravated area) of the aggravated area (10-2 years), Article 3 of the same repeated crime not subject to the aggravated area of specific crimes (the scope of recommending punishment] Article 2 of the Act on the Larceny of General Property (2-2 years), which does not correspond to the aggravated area (the general larceny).

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