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(영문) 부산지방법원 동부지원 2018.05.15 2017고합228
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal record] On November 12, 2013, the Defendant was sentenced to one year and six months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Busan District Court’s Dong Branch Branch, and on July 1, 2015, the same court was sentenced to one year of habitual larceny and was sentenced to one year of imprisonment for a crime of habitual larceny. On July 13, 2017, the Defendant was sentenced to eight months of imprisonment for a crime of habitual larceny at the Busan District Court’s Busan District Court and completed the execution of the sentence on August 25, 2017.

[Criminal facts]

1. On August 29, 2017, the Defendant: (a) 11:00 won in cash, the victim’s possession, in a wall located in the victim’s bank located in the front of the waterside park located in the Si/Gun/Gu of Busan on August 29, 2017; (b) 11,000 won in cash, which is the victim’s possession, in front of the waterside park located in the Si/Gun/Gu of Busan on the fourth Do; and (c) 11,00 won in cash, which is the victim’s possession

, by means of theft;

2. On September 22, 2017, the Defendant stated the amount of damage under this part of the facts charged as “75,000 won” on the E 2nd floor located in Busan Jung-gu, Busan, on September 22, 2017, the Defendant stated the victim F as “the amount of damage under this part of the charges,” but, on the grounds that it is obvious that it is a clerical error and there is no risk of undermining the Defendant’s exercise of the right to defense, the Defendant’s correction ex officio is made ex officio.

b) theft by means of taking advantage of the manner described in this section;

3. On September 27, 2017, the Defendant thefted KRW 280,000,000 in cash on a wall located in the victim’s bank by taking advantage of the gaps in which the victim I was unsatisfyed in the toilet in Busan Jung-gu, Busan, and by taking advantage of the gap in surveillance between the rest in which the victim I was satisfy in the toilet, and thereby leaving the victim’s bank.

4. On November 6, 2017, the Defendant: (a) placed in K 2 in Jung-gu, Busan on the 16:02 July 16, 2017, the 370,000 won of cash, which was on the wallet in the wallet, put the victim’s door, which was on the locker, into his own lock, and then put the victim’s door, which was on the wall in the locker in question, into the amount of damage under this part of the facts charged.

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