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(영문) 부산지방법원 서부지원 2018.05.08 2017고단1815
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2] On April 5, 201, the Defendant was sentenced to imprisonment with prison labor for the attempted larceny, etc. at the Busan District Court on April 5, 201; six months from the same court on April 17, 2012; one year and six months from the same court on April 8, 2015; one year and six months from the same court on August 11, 2015; and one year and six months from the imprisonment with prison labor for habitual larceny; and one year and six months from the same court on October 28, 2016, on September 18, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court on September 18, 2017.

[2] On October 17, 2017, around 14:20, the Defendant: (a) opened a gate in front of the E-container office operated by the victim D, which was operated by the victim D, Busan, and entered the e-container office; (b) went into the e-container office; and (c) went into the e-container office; and (d) cut off the victim’s wall; and (d) cut off the victim’s wall; and (e) cut out the victim’s wall, 23,000 won in cash thereafter.

Accordingly, the defendant, who was sentenced to imprisonment not less than three times due to theft, etc., stolen another's property within three years after the execution of the sentence is completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A criminal investigation report;

1. A protocol of seizure and a list of seizure;

1. On-site photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (information on confinement of suspects and attachment of sentence) and statutes;

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

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

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

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment]: One year and six months to three years respectively; and

2. Determination of sentence;

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