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(영문) 부산지방법원 2016.10.28 2016고단5493
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On September 8, 2016, around 12:54, the Defendant: (a) went into a “D” net manufacturing factory managed by the victim with no knowledge of the name located in Busan Northern-gu C; (b) and (c) the Defendant intruded into the third floor of the above factory through a entrance where the employees of the aforementioned factory did not feel money from the employee escape room by thefting money.

2. On April 5, 2011, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Larceny) sentenced 8 months to imprisonment with prison labor for attempted larceny, etc. at Busan District Court and 6 months in imprisonment with prison labor for larceny, etc. at the same court on April 17, 2012, and on April 8, 2015, the same court was sentenced to imprisonment with prison labor for habitual night intrusion and larceny and completed the execution of the sentence in Busan Correctional Institution on August 18, 2016.

The Defendant cut off KRW 150,00 in cash owned by the victim E, KRW 27,00 in cash owned by the victim F, and KRW 70,000 in cash owned by the victim G, respectively, at the same time and place as in paragraph 1, at the clothes of the above employee escape room.

Accordingly, the defendant, who was sentenced to imprisonment not less than three times due to theft, etc., stolen another's property within three years after the execution of the sentence is completed.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Previous records of each victim's written statement, on-site photographs, investigation reports (the identity of the accused): The criminal records, personal identification and confinement status, six copies of the written judgment, and one summary order shall be applied;

1. Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes - Article 329 of the Criminal Act - Article 319(1) of the Criminal Act, the choice of imprisonment for a crime

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment [the scope of recommendation] types 1 (joint and repeated crime theft) under the Specific Crimes Aggravated Punishment Act.

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