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(영문) 부산지방법원 2017.08.31 2017고단3877
야간방실침입절도
Text

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

Reasons

Punishment of the crime

[Criminal record] On February 1, 2012, the Defendant was sentenced to three years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Busan District Court’s branch branch branch branch (the thief) and completed the execution of the sentence on October 17, 2014.

In addition, on July 6, 2017, the defendant was sentenced to imprisonment with prison labor for the attempted larceny by the Busan District Court and appealed for ten months, and is still pending in the appellate trial.

[2] On June 15, 2017, at around 05:00, the Defendant: (a) opened a entrance that had not been corrected for the purpose of theft of other property due to a sudden fall short of the victim K (45 years old); (b) opened the entrance for the purpose of theft of other property due to a sudden fall short of surveillance; and (c) intrudes into the entrance; and (d) 300,000 won of the market price of the victim’s possession on the table, which was located on the table table; and (d) 100,000 won of the market price of the victim’s possession; and (e) 306,00 won of the cash, credit card, six, five, five, and one driver’s license. The summary of evidence was stolen.

1. Statement by the defendant in court;

1. The K's statement;

1. Report on occurrence, report on field identification, and confirmation of the identity of the person who has taken place, on-site pictures, and fingerprints in the theft case;

1. Records of the judgment: Application of inquiry letter, such as criminal history (A), investigation report (report on criminal history), and statutes;

1. Relevant Article 330 of the Criminal Act concerning facts constituting an offense (the point of larceny by intrusion at night);

1. The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] : (a) the mitigation area (from August to one year and six months) of the mitigation area (special mitigation) of the punishment (special mitigation) / [decision of sentence] of the same kind of repeated crime that does not fall under special mitigation / [decision of sentence] of the defendant as the same crime; (b) the defendant committed the crime of this case during the period of repeated crime as indicated in the judgment of the court; (c) the defendant committed the crime of this case during the period of repeated crime, such as the statement in the record of the crime in the judgment; (d) the fact that the defendant recognized the mistake and reflected against the defendant; (e) the fact that the defendant repaid and

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