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(영문) 부산지방법원 동부지원 2012.11.08 2012고단3321

특정범죄가중처벌등에관한법률위반(절도)

Text

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

Reasons

Punishment of the crime

[Criminal Power] On December 27, 1983, the defendant is sentenced to imprisonment for 10 months and 2 years of suspension of execution for larceny at the Changwon District Court's Jinwon District Court's Jinwon Branch's Seoul on June 9, 1984; imprisonment for 1 year and 6 months from January 23, 1987; imprisonment for 1 year and 6 months from July 1, 1992; imprisonment for 2 years and 6 months from the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Changwon District Court's Jinwon Branch's Jin Branch's Jin Branch's Jin Branch's Seoul High Court's Jin Branch's Jin Branch's Jin Branch's Seoul High Court's Jin Branch's Jin Branch's imprisonment for 1 year and 6 months from the Busan District Court's Ginwon's imprisonment for the larceny under the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny).

【Criminal Facts】

At around 16:00 on August 10, 2012, the Defendant: (a) intruded the victim D’s residence located in Busan Metropolitan City captain C, through a bank window that was not corrected by habitually unreshing any cresh; and (b) went through a door door door door door door, which was then sweet sweet sweet famer, and dye 1,100,000 won at the market price of the victim’s ownership on his book, which was located on his book.

Summary of Evidence

1. Statement by the defendant in court;

2. Written statements of D;

3. Requests for answers to criminal scene, the results of appraisal and evaluation;

4. Previous convictions: Criminal records.

5. Habitualness of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, method of crime, etc.

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime;

2. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da1548, Apr.