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(영문) 부산지방법원 2020.10.08 2020고단3307
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On May 15, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Daegu District Court. On October 27, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny in Busan District Court, and on January 12, 2018, the Defendant was sentenced to two years and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Busan District Court on April 8, 2020.

1. On August 9, 2020, at around 02:55, the Defendant discovered the E-car owned by the victim D, parked at the Busan Jin-gu C parking lot, Busan, and opened an unresh driver's seat of the said car and carried 25,000 mother and child at the market price owned by the victim who was on the top priority.

2. On August 10, 2020, around 23:53, 2020, the Defendant discovered HT Q90 car owned by the victim G, which was parked at the Busan Jin-gu F parking lot, and left the driver’s seat in order to take property inside the vehicle after opening a door of the driver’s seat and to steal the property inside the vehicle. However, the Defendant did not commit an attempted attempt on the wind where the door is corrected.

3. On August 10, 2020, at around 23:55, the Defendant discovered and opened a driver’s seat of the said car, which was parked in the Busan J-gu I parking lot, and did not correct it. On August 10, 202, the Defendant carried 18k gold sheet and 60,000 won in cash in an amount of KRW 2,70,000, the market price of the victim’s possession of the container.

Accordingly, the defendant was sentenced to imprisonment not less than three times with prison labor due to larceny, etc. and again committed the crime of larceny and larceny within three years from the date on which the execution of the sentence is completed.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Written statements from J and D;

1. Police seizure records;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (same-class criminal records and report on confirmation);

1. Article 5-4 (5) 1 and Article 5-4 (5) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime

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