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(영문) 부산지방법원 2018.12.12 2018고단4728

특정범죄가중처벌등에관한법률위반(절도)

Text

1. The defendant shall be punished by imprisonment for a period of one year and six months;

2. One emergency warning light (No. 1) and one hand light (No. 2) on an emergency warning line, which has been seized.

Reasons

Punishment of the crime

1. On October 16, 2007, the Defendant was sentenced to 10 months of imprisonment with prison labor for special larceny, etc. at the Busan District Court, and on April 28, 2009, the same court was sentenced to 1 year and six months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On February 22, 2011, the same court was sentenced to 1 year and six months of imprisonment with prison labor for the same crime. On April 27, 2016, the Defendant was sentenced to 2 years of imprisonment with prison labor for a crime of intrusion into night buildings and larceny, etc. at the same court, and completed the execution of the sentence finally on November 26, 2017.

2. On October 21, 2018, the Defendant entered the open entrance door of a commercial building managed by the victim C (30 years) of the victim C (30 years) located in Busan Jung-gu, Busan on October 21, 2018, and the Defendant was not aware of the intent by the wind, which was reded to steals money and valuables on the third floor of the above building.

Accordingly, the defendant did not commit an attempted theft of another person's property by impairing a structure which people receive at night.

Summary of Evidence

1. Crimes indicated in judgment;

(a) Statement by the defendant in court;

B. Statement by the police against C

(c) Police seizure records;

2. The records of the offense;

(a) a response to inquiries;

B. Application of Acts and subordinate statutes to report investigation by the prosecution (report on the same criminal records, written judgments and confinement status of the suspect);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Articles 342 and 330 of the Criminal Act;

2. Article 35 of the Criminal Act for aggravated repeated crimes;

3. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The scope of applicable sentences by law: Imprisonment for one year to 25 years; and

2. Scope of the recommended punishment according to the sentencing criteria;

(a) Determination of types: thief crime group - the Act on the Aggravated Punishment, etc. of Specific Crimes - One type (the theft of repeated crime);

B. There is no special sentencing factor:

(c) Scope of recommending punishment: Imprisonment with prison labor for a year and six months to three years (basic sphere);

3. In this case, the decision of sentence shall be the wind that the defendant is aware of the victim's money and valuables due to intrusion on the victim's building at deep night.