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(영문) 부산지방법원 동부지원 2018.04.11 2018고단191
특정범죄가중처벌등에관한법률위반(절도)등
Text

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

Reasons

Punishment of the crime

On November 9, 2007, the Defendant was sentenced to three years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court, on June 27, 2011, sentenced to three years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court, on May 27, 2016, sentenced to imprisonment with prison labor for larceny at the Changwon District Court on May 27, 2016, and completed the execution of the sentence on October 14, 2017 and completed the execution of the sentence seven times more.

around 16:00 on October 30, 2017, the Defendant infringed upon the residence of the victim by opening the house of the victim C victim of the Nam-gu Busan Metropolitan City C, and then stolen the Defendant’s house with the total market value of KRW 1,630,00,000, market price of KRW 200,000, and KRW 550,000,00,000, and KRW 1,630,000,00,000, and KRW 10,000,000,000, in a place, owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written appraisal;

1. A protocol of seizure and a list of seizure;

1. Previous convictions: Inquiry into criminal history, investigation reports (Attachment of the same type of crime records), and application of each statute of the judgment;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, and Article 319 (1) of the Criminal Act concerning the crime (a point of intrusion upon residence)

1. Article 35 of the Criminal Act for aggravated repeated crimes (Offense of Intrusion upon Residence)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment [the scope of recommendation] [the scope of punishment] under Article 55(1)3 of the Specific Crimes Aggravated Punishment Act, considering the following factors: (a) the mitigation area (one year and six months to three years); (b) the mitigation area (person who is specially mitigated) [the person who is subject to punishment] is not subject to punishment (the decision of sentencing]; (c) the details and extent of damage; (d) the criminal history of the defendant; and (d) the fact that the injured person does not want the punishment of the defendant by agreement with the injured party

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