(영문) 부산지방법원 2016.08.19 2016재고합25

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(영문) 부산지방법원 2016.08.19 2016재고합25

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Criminal facts

[criminal record] On October 23, 2007, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court on April 20, 2009 and completed the execution of the sentence on April 20, 200. On October 12, 2009, the Defendant was sentenced to a four-year term of imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court on August 12, 2013 and completed the execution of the sentence seven times the same power.

[2] On November 5, 2013, the Defendant: (a) confirmed on November 5, 2013, at around 14:00, that he was in the victim D’s residence located in Busan Dongdong-gu 2, 2013, and confirmed that there was no person to divide the first race; and (b) subsequently, entered the house through a beractic window that was not locked, and then cut off the precious metal amounting to KRW 1.5 million at the market price, such as four bricks of the victim, four gold-gu, two per month, one gold-gu, and one gold-gu.

L. A. L. theft was committed.

Accordingly, the defendant invadedd another's residence and stolen another's property habitually.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Goldproof books and photographs of damaged articles;

1. Previous convictions: A reply to inquiry, such as criminal history, a criminal investigation report by the prosecutor (Attachment to the same type of judgment), and a result of search of prisoners;

1. Habituality: The Defendant repeatedly committed the thief crime of this case at the time of the completion of the execution of the final sentence, even though he had had been sentenced seven times due to the theft crime, and the majority of the crimes of this case and the criminal records of the above crimes are opening a door which is not a apartment house and cutting off goods, and the method of the crime of this case is similar in full view of the above facts.

Application of Statutes

1. Relevant legal provisions of the Criminal Act and Articles 332, 329 (Habitual thief, Selection of Imprisonment), and 319 (1) of the Criminal Act (Infringed upon residence and choice of imprisonment) concerning the crime;

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

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