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(영문) 부산지방법원 2020.02.05 2019고단6471
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On March 25, 2004, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on August 14, 2007, the Ulsan District Court sentenced to two years and six months of imprisonment for special larceny; on March 25, 2010, the Defendant was sentenced to ten months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on June 9, 2011, the same court was sentenced to ten months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on May 10, 2017, the Defendant was sentenced to six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on January 25, 2007, the Defendant was sentenced to six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Theft; and on June 25, 2018, which became final and conclusive by the suspended execution.

On December 16, 2019, the Defendant: (a) around 14:55 on December 16, 2019, around the store of “C” located in the Busan Jin-gu, Busan, the Defendant: (b) opened a bridge of the bank where the victim was the body of the victim and laid the hand into the bank, and opened about 2.5 million won in cash, which is the victim’s possession, and opened about 100,000 head of the bank, such as the Busan, Busan, and the Nonghyup Bank.

Accordingly, the Defendant, who was sentenced to imprisonment not less than three times due to larceny, stolen the property of the victim during the repeated crime period.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A criminal investigation report (to attach CCTV images, such as a pan-cam page);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal investigation records (verification of criminal records of larceny);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime committed;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of recommending punishment according to the sentencing criteria (a decision of type) shall be the thief crime;

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