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(영문) 부산지방법원 2019.03.27 2019고단239
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On June 25, 2010, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Busan District Court. On August 17, 2012, the same court was sentenced to three years and six months of imprisonment for the same crime. On December 18, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for the same crime, etc. at the Busan District Court Seo branch branch, and completed the execution of the sentence in Busan Correctional Institution on October 10, 2018.

【Criminal Facts】

On December 15, 2018, at around 16:20, the Defendant intruded into the above law party by open door of the D Party, which was located in the Gold-gu B of Busan, and then came to take money of KRW 1.30,000,000, Chinese People's money of KRW 1,500,000 (Korean currency of KRW 225,00,000,000) managed by the victim E, who was in custody inside the court room.

Accordingly, the defendant intruded on a structure, and was sentenced to imprisonment more than three times due to larceny, etc., and stolen another's property during the repeated crime period.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. An investigation report (a CCTV-cap photograph and attachment of CDs, victim telephone calls and confirmation of damage amount);

1. Previous convictions in judgment: Criminal history records, inquiry reports, application of Acts and subordinate statutes (verification of the fact that the execution of punishment is completed and the same kind of power is confirmed);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 329 of the Criminal Act (Inasmuch as special provisions on the larceny of repeated crimes and the aggravation of repeated crimes as prescribed in Article 8 of the Criminal Act are special provisions on the aggravation of repeated crimes, it shall not be aggravated for repeated crimes pursuant to Article 35 of the Criminal Act in duplicate), Article 319 (1) of the Criminal Act (the point of intrusion upon structures and the

1. Article 35 of the Criminal Act among repeated crimes (Crime of Intrusion upon Structures)

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. The reasons for sentencing for discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following factors) are identical to a number of defendants.

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