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(영문) 부산지방법원 서부지원 2020.02.13 2019고단2749
특수절도
Text

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

Reasons

Punishment of the crime

[criminal power] On August 24, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for special larceny at the Busan District Court on August 24, 2016, and was sentenced to one year and two months of imprisonment with prison labor for larceny, etc. at the branch court of the Changwon District Court on April 28, 2017 during the period of suspension of execution, and the said sentence became final and conclusive on May 16, 2017, and completed the execution of each of the said sentence at the Jinju Prison on January 1, 2019.

【Criminal Facts】

On November 24, 2019, at around 20:10 on November 24, 2019, the Defendant committed a theft with cash of 2.2 million won, which was owned by the victim of a sexual harassment, after putting the house windows into a breath’s house of the victim C, which was located in Busan Seo-gu B, and destroying and damaging a scam glass by scaming the house windows with a brush, and

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement prepared in C;

1. Damage, on-site photographs, reports on results of field identification, and on-site photographs;

1. Previous records of judgment: A criminal investigation report (verification of facts that are the same kind of power and repeated crime period), the current status of confinement of each individual subject to judgment attached thereto, and application of statutes concerning criminal records

1. Article 331 (1) of the Criminal Act applicable to the crime;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of punishment by law: One to twenty years of imprisonment;

2. Aggravation of the punishment according to the sentencing guidelines [decision of types] Scope of the punishment of larceny [Type 4] for general property [Special Aggravation]: In the area of aggravation of the punishment of repeated crimes of the same kind which do not fall under specific crime Aggravated Punishment (hereinafter referred to as the "Aggravated Punishment"): One year and six months through four years;

3. Determination of sentence: Imprisonment with prison labor for a year and June, the Defendant reflects the mistake while making a confession of the instant crime, and the amount of damage is not relatively large.

On the other hand, the defendant had the record of being punished several times for the same crime, and completed the execution of imprisonment for the same kind of crime, and committed the crime of this case within the repeated crime period, and the method of the crime has also damaged the windows of others' residence at night.

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