beta
(영문) 대구지방법원서부지원 2020.10.22 2020고단2926

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On April 18, 2014, the Defendant was sentenced to one year to imprisonment with prison labor for night buildings, intrusions, theft, etc. at Busan District Court, on January 12, 2017, the Defendant was sentenced to eight months in prison from the Busan District Court’s branch branch of the Dong branch of the Busan District Court due to night-time buildings, intrusions, larceny, etc., and on November 6, 2018, the Defendant was sentenced to one year from the Seoul Western District Court’s imprisonment with prison labor for a camping structure, intrusion, intrusion, theft, etc., and completed the execution of the sentence in the Cheongju Prison on August

On April 8, 2020, the Defendant was sentenced to imprisonment with prison labor and one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daegu District Court Kimcheon branch on April 8, 202, and the said judgment became final and conclusive on June 19

【Criminal Facts】

around 18:30 on October 17, 2019, the Defendant invadedd on the part of the victim C in Mapopo City B, and damaged the fire that is installed at the 1st floor, and then removed about 50,000 won in cash contained therein, and caused the damage to the fire that is installed at the 2nd floor continuously by intrusion on the inside of the law party, and then damaged 10,000 won in cash contained therein.

Accordingly, the defendant was sentenced to imprisonment at least three times with prison labor due to night buildings, intrusion, theft, etc., and again committed larceny of night buildings during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports in C’s statement (at the time of committing an offense, reporting on the confirmation of whether it is at night) each field photograph, records of the suspect’s court branch, records of the suspect’s cell in the Si interest police station, and comparison of suspect appearance;

1. Previous convictions in judgment: Criminal records, investigation reports (verification of criminal records of the same kind A), copies of each judgment, search and output of each consolidated case, and application of Acts and subordinate statutes to the current status of personal confinement;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning the crime committed;

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

1. Handling concurrent crimes and statutory mitigation thereof: the latter part of Article 37, Articles 39 (1) and 55 (1) 3 of the Criminal Act;

1. Discretionary mitigation;