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(영문) 부산지방법원동부지원 2020.09.11 2019고단1294

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On December 8, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for general goods and fire prevention at the Seoul Central District Court on December 8, 2017, and completed the execution of the sentence at the Seoul Eastern Detention Center on October 10, 2018.

【Criminal Facts】

On June 28, 2019, at around 02:00, the Defendant intruded the kitchen opened without the entrance in the victim C’s residence located in Busan Southern-gu, Busan-gu, with four copies if the total market price of the victim’s ownership, which was located under the victim’s mouth, was at least 5,000 won.

around 03:30 on August 10, 2019, the Defendant: (a) entered the victim E’s house located in Nam-gu Busan metropolitan area D with the front end of the said residence; (b) cut off the victim’s property by putting three panty points for women, the market price, which is the victim’s property, suffering from a fluent panty point in the middle of Busan metropolitan area.

Summary of Evidence

"2019 Highest 1294"

1. Defendant's legal statement;

1. The defendant's legal statement of "2019 Highest 1981";

1. Each statement of E and F (pre-trial record);

1. The application of Acts and subordinate statutes on criminal records, reply reports, copies of judgment, and personal confinement status;

1. Article 330 of the Criminal Act concerning the facts constituting the crime;

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

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act have committed the same kind of crime, and there have already been several criminal punishment and juvenile protective disposition, and each of the crimes of this case has been committed at night, such as theft of property by intrusion upon another person’s residence during the period of repeated crime due to previous conviction in the judgment, and therefore, the criminal liability is heavy.

However, the fact that the defendant repents his mistake, each of the crimes of this case is a living crime, the amount of damage is not so significant, the defendant is a disabled person's health condition, and the defendant's age, character and behavior, environment, motive and circumstance of the crime, and means of the crime.