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(영문) 부산지방법원 2017.03.31 2016고단5600

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[criminal history] On July 12, 201, the Defendant was sentenced to eight months of imprisonment with prison labor for the attempted larceny at night at the Busan District Court; on November 28, 2012, the Defendant was sentenced to one year and six months of imprisonment with prison labor for the crime of larceny at night; on September 4, 2014, the same court was sentenced to one year and six months of imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny); and on December 29, 2015, the execution of the sentence was completed in Busan District Court.

"2016 Highest 5600"

1. Around September 10, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) went into the place of residence of the victim D and the victim’s name in Busan Shodong-gu, Busan, and entered the room of the victim’s name in an open gate with an idea of thefting property, and entered the room of the victim’s name in the room. In addition, when the victim D’s market price in the room is 40,000 won for Samsung jugth, the victim’s price in the room, and 200,000 won for cash owned by the victim’s name.

Accordingly, the defendant was sentenced to imprisonment not less than three times due to night intrusion theft, etc., and the execution of the sentence was completed, and again stolens the victims' property and intrudes upon another person's residence.

"2016 Highest 7294"

2. On September 9, 2016, the Defendant intruded into a house through a gate, which is printed in the victim F’s residence located in Busan Sho-gu, Busan, with an intention to steals the goods.

3. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) attempted to flee an article by entering the victim’s residence in a gate located at the same time and place as paragraph (2), but did not have any stolen article.

As a result, the Defendant was sentenced to imprisonment at least three times due to intrusion upon residence at night, theft, etc., and again attempted to steal the victim's property within three years after the execution of the sentence was completed.

Summary of Evidence

"2016 Highest 5600"

1. Statement by the defendant in court;

1. D. D.