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(영문) 부산지방법원 동부지원 2019.07.24 2019고단831
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[criminal power] On October 7, 2014, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny in the branch court of the Busan District Court, and on September 29, 2016, the Busan District Court sentenced to 1 year of imprisonment with prison labor for larceny. On July 26, 2018, the Defendant was sentenced to 1 year of imprisonment with prison labor for larceny in the branch court of the Busan District Court and completed the execution of the sentence in the Jin Prison on March 11, 2019.

【Criminal Facts】

At around 11:30 on April 3, 2019, the Defendant stolen cash, etc. at the same 10 times in total, as in the list of crimes in attached Form, from around 2019 to May 5, 2019, with the victim’s PC located on the PC located on the fourth floor of the Busan Seo-gu B, Busan, and with the victim’s PC card 1, identification card 1, and cash 70,000 won owned by the victim.

Accordingly, the Defendant, who was punished by imprisonment more than three times with prison labor due to larceny, stolen property owned by others during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E, F, G, H, I, and D;

1. Written statements of D, J, K, L, and M;

1. CCTV at each scene of the crime, records of seizure, list of seizure, photographs at each scene of the crime, the face value of the crime in the NP bank, reports on the investigation, and reports on the occurrence of each crime;

1. Previous records: Criminal records and other inquiries; the current status of personal confinement; investigation reports; and the application of Acts and subordinate statutes to criminal records;

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 facts constituting an offense provided for in the corresponding Act;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: Criminal records, repeated crimes, and favorable circumstances in which no damage is recovered: reflectivity, the amount of damage is not very significant, and the age of the defendant, and other crimes of livelihood.

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