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(영문) 대구지방법원 2013.08.30 2013고합52
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

One electronic percussion locks seized (No. 1) and one date divers.

Reasons

Punishment of the crime

On December 18, 2008, the Defendant was sentenced to four years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Busan High Court on December 18, 2008 and completed the execution of the sentence on July 3, 2012.

Criminal facts

The defendant had infringed on another's house by demanding the bond company to pay his/her debt, and had a mind to steals his/her goods.

On January 28, 2013, at around 19:35, the Defendant: (a) opened a crime prevention room of an inner toilet using the dricker prepared in advance, and was attempted without being discovered by the victim while opening the crime prevention room.

Accordingly, the defendant attempted to steals property by impairing the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Each protocol of seizure and the list of seizure;

1. On-site reports on results of field identification;

1. Investigation report (report accompanied by a photograph of the seized article, attachment of the site photograph of the seized article, and attachment of a photograph of the seized article);

1. Before judgment: Criminal records, investigation reports (Attachment of results of confinement of prisoners), and application of Acts and subordinate statutes;

1. Articles 342 and 330 of the Criminal Act applicable to the crimes;

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of applicable sentences: Imprisonment for one month to twenty years; and

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] - thief theft [Special Convicted Persons] - mitigated factors: Living type of crime - Aggravation factors: Causing factors: Causing factors: Nighttime destruction, damage, and intrusion upon residence, and special circumstances [the scope of recommending punishment] increased area of the same repeated crime not falling under special circumstances [the scope of recommending punishment] [the scope of recommending punishment] - From 6 months to 4 years [the general person] mitigated factors: serious reflective factors;

3. Determination of sentence: Imprisonment with prison labor for one and half years; and

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