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(영문) 대구지방법원 2017.07.21 2017고단3149
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 12, 2013, the Defendant was sentenced to one year and six months of imprisonment with prison labor due to intrusion into a structure at night, larceny, etc., in the support in Ansan-do, the Defendant was sentenced to imprisonment with prison labor at the Busan District Court on August 13, 2015, and completed the execution of the sentence on October 13, 2016 in the Busan Detention House. On September 17, 2015, the Defendant was sentenced to one month imprisonment with prison labor at the Busan District Court for larceny, etc., and completed the execution of the sentence on November 13, 2016 in the Busan Detention House.

1. On November 18, 2016, the Defendant opened an entrance at a place which was not corrected in front of the “C church in Ulsandong-gu, Ulsandong-gu” and intrudes into the entrance, and then takes the lock system for the locker of the original coffee set up in the classes managed by the private party D of the above church in his/her hands, and takes 15,000 won in cash for the management of the victims in his/her possession, after which the Defendant took the locker of the original coffee set up in the classes managed by the private party D of the above church.

In other words, they stolen them.

2. On November 18, 2016, the Defendant: (a) opened a entrance at a place that was not corrected by the Defendant’s think of theft of goods in front of the “G church” managed by the Ulsandong-gu E Victim F, Ulsan-gu on November 11:30, 2016; and (b) went into an attempted attempt without being achieved by bombing out of the crime committed by the Defendant and bombing the stolen objects.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Related photographs and CCTV images;

1. Previous convictions: Investigative inquiries about criminal history, investigation reports (reports on previous convictions and results of confirmation of such previous convictions), and application of Acts and subordinate statutes of the first instance judgment;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and Article 319 (1) of the Criminal Act (the occupation of intrusion on a structure and the choice of imprisonment) concerning the crime;

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

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

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

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