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(영문) 부산지방법원 2019.07.03 2019고단2028
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

On October 12, 2011, the Defendant was sentenced to one year to imprisonment with prison labor for night buildings, intrusion upon buildings, larceny, etc. at the Changwon District Court through the Changwon District Court, on January 12, 2017, sentenced to eight months from the Busan District Court to the punishment for larceny, etc. on January 12, 2017, and on April 11, 2018, the Defendant was sentenced to one year from the Busan District Court to the punishment for larceny on February 18, 2019.

On April 29, 2019, at around 00:57, the Defendant: (a) opened a closed door in D, “A, which is not corrected by the victim C, located in Busan Jin-gu B; and (b) cut off the wall located in the Handbag, which is the victim’s possession; and (c) stolen the wall with 250,000 won in cash, which is the victim’s possession, located in the Handbag, which is the victim’s possession.

Accordingly, the defendant was sentenced to imprisonment more than three times with prison labor for larceny, and the defendant committed larceny during the period of repeated crime as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Cut photographs of each CCTV image;

1. Previous records of judgment: Application of criminal records, inquiry reports on criminal records, the current status of individual confinement, investigation reports (report on repeated power, etc.);

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 among repeated crimes;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types of punishment] 03. There is no person who is a joint habitual or repeated crime [the category 1] under the Specific Crimes Aggravated Punishment Act [the scope of recommending areas and recommendations] (the scope of recommending areas and recommendations] basic area, one year and six months through three years of imprisonment.

3. Determination of sentence: Imprisonment with prison labor for one year and six months (the consideration that the defendant is against his gender); and

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