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(영문) 부산지방법원 2014.03.14 2013고단9510
특정범죄가중처벌등에관한법률위반(절도)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On June 29, 2004, the Defendant was sentenced to imprisonment of one year and six months with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Busan District Court, and on September 21, 2006, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and eight times with the same criminal records.

1. On September 28, 2013, the Defendant committed the crime against the victim C: (a) committed a theft of one point that is equivalent to 84,000 won at the market price displayed on the sales stand, around the E department store with the fifth floor of the E department store located in Busan Dong-gu, Busan, and the fifth floor of the E department store, “F,” etc.; (b) the victim C, an employee, sold only one eye; and (c) the victim’s 1 point was stolen.

2. The Defendant committed the crime against the victim G, at the above E department stores with the fifth floor of the E department store “H” as indicated in paragraph (1), stolen the victim G, who was an employee, from the display stand, one of the protek diskettess equivalent to the market price of KRW 278,00,00, where the victim G was placed in the display stand.

3. On September 28, 2013, the Defendant: (a) committed a crime against the victim I, at the instant E Department Store 6’s “J” golf shop; (b) between the victim I who is an employee and the other customer with the other customer; and (c) took a theft of one point equivalent to the market price of 428,000 won at the display stand.

Accordingly, the defendant stolen the victim's property worth 790,000 won in total over three times habitually.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I, C, and G;

1. Police seizure records;

1. Each investigation report (Nos. 1, 3, 5, 8, 15, and 19 of the evidence list);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned manner;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, and the choice of limited imprisonment for a crime;

1. The age of Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation, the victim’s penalty not to be imposed, and the society.

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