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(영문) 부산지방법원 서부지원 2018.07.19 2018고합113
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Criminal facts

On July 13, 2010, the Defendant was sentenced to imprisonment for one year and six months at the Busan District Court for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On May 15, 2012, the Defendant was sentenced to imprisonment for the same crime in the same court. On October 7, 2014, the Defendant was sentenced to imprisonment for three years at the same court and completed the execution of the sentence on July 8, 2017.

On October 1, 2017, the Defendant: (a) was at the “E” restaurant operated by the victim D in Busan Jung-gu, Busan, around 01:00; (b) committed theft of goods worth KRW 200,000,000, in total, including 2 factorings, market price of 70,000, and 1 fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact fact

As a result, the Defendant was sentenced twice or more to the crimes under Articles 329 through 331 of the Criminal Act or the attempted crimes, and again committed the crimes under Articles 329 through 331 of the Criminal Act within three years after the execution of the sentence was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Each written statement of H, I, J, K, L, M, N, P, Q, Q, R, T, U, D,V, and W;

1. Police seizure records;

1. On-site file reports, investigation reports (the photograph and the arrest of the suspect at the time of committing the crime), on-site identification reports, investigation reports [the victim X-related facts], investigation reports (the victim X-related damage (YMat)], investigation reports (the victim X-related damage to the Zed Kim Fed, located in the damaged area), and investigation reports (the victim AA's damage statement (AB)];

1. Previous convictions: A reply to inquiries, such as criminal history, investigation report (prior convictions of suspects and repeated offenses), investigation report (prior convictions of suspects and repeated offenses), investigation report (Attachment of criminal records and repeated offenses), and criminal investigation report (Attachment of the text of the judgment);

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