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(영문) 부산지방법원 2016.12.22 2016고단5328
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 21, 1993, the Defendant was sentenced to imprisonment for 8 months with prison labor for larceny, etc. at the Busan District Court; imprisonment for 1 year and 6 months at the Busan District Court on October 6, 1995; imprisonment for 8 months at the Busan District Court on February 3, 200; imprisonment for 8 months at the Busan District Court on February 11, 200; imprisonment for 8 months at the Busan District Court on February 21, 2003; imprisonment for 10 months with prison labor for 10 months for 15 months at the Changwon District Court through the Changwon District Court on June 21, 2006; imprisonment with prison labor for 10 months at the Changwon District Court on June 25, 2009; imprisonment with prison labor for 10 months at the Changwon District Court on April 16, 2014; and completed the sentence for 20 years by a court on June 16, 2014.

On September 9, 2016, at around 02:40, the Defendant: (a) invaded a “D” vessel at anchor in front of Busan Jung-gu, Busan, and obstructed the victim E body of the head of the agency, which was faced by the head of the agency; (b) was attempted by the Defendant, with the wind that the victim can be discovered, after the locking.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Investigation report (number 2,9,15,20);

1. Previous records of judgment: Criminal records, inquiry reports by individuals, current status of confinement by individuals, application of statutes, such as judgment, etc.;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 330 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 [the scope of recommendation] [the scope of punishment] that has no basic area (2 to 4 years) (2 to 2 years) of theft under the Specific Crimes Aggravated Punishment Act (2 to 4 years) [the decision of sentence] [the decision of sentence] has an attitude of reflecting the defendant, and since the crime was committed in attempted crimes, there is little injury.

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