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(영문) 부산지방법원 동부지원 2019.06.13 2019고단551
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 7, 2010, the Defendant was sentenced to three years of imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (Special Rape), larceny, or embezzlement of stolen objects, and the judgment became final and conclusive on August 26, 2010. On September 23, 2015, the judgment was finalized on October 1, 2015, after having been sentenced to one year and six months of imprisonment for habitual night entry larceny in the Dong branch of the Busan District Court, and on February 23, 2018, one year and six months of imprisonment with prison labor for habitual night entry larceny in the Busan District Court as of April 30, 2018, and the judgment became final and conclusive on February 21, 2019.

On March 17, 2019, at around 06:15, the Defendant opened a steering room with which the victim C was parked in the Busan Southern-gu B parking lot, and 250,000 won in cash, which is owned by the victim, located in the vehicle, for the victim's possession of the vehicle, 1 resident registration certificate, 1 driver's license, 1 national bank solid card, 1 copy of the national bank bank cash card, and 300,000 won in south-gu, Busan-gu, and 55,90 won in cash and 1 copy of the bar cans.

Accordingly, the defendant was sentenced to imprisonment with prison labor or more than three times for larceny, but theft is committed again within the repeated crime period.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding C;

1. Each photograph;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (report on confirmation of applicable provisions of Acts, such as suspects);

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 crime committed;

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

1. The reason for sentencing sentencing under Articles 53 and 55(1)3 of the Criminal Act is not good, and the defendant is against the unfavorable circumstances, such as the fact that he/she again commits the instant crime during the period of repeated crime, and the fact that the amount of damage is not significant, and the age, environment, and crime of the defendant.

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