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(영문) 부산지방법원 2015.04.24 2014고합892
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

A seized farm rope (No. 1) shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On June 3, 2005, the Defendant was sentenced to 8 months of imprisonment with prison labor for the crime of larceny at the Busan District Court and 1 year and 6 months of imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court on January 10, 207; 6 months of imprisonment with prison labor at the Busan District Court on November 23, 2009; 1 year and 4 months of imprisonment with prison labor for the crime of larceny at the Busan District Court on December 24, 2010; and on October 23, 2012, the Defendant was sentenced to 2 years and 6 months of imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court on November 7, 2014.

【Criminal Facts】

On December 19, 2014, at around 13:45, the Defendant: (a) invaded the victim D’s house located in Busan Jin-gu, Busan, through the open main gate and the bend window, and opened and opened a correction device of the boom to open and raise the boom in the place, and subsequently discovered the victim’s property in order to steal the victim’s own property.

Accordingly, the defendant habitually attempted to steals the victim's property, but he attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Statement made to D by the police;

1. Recording and reporting on recording, investigation (Attachment to field photographs and CCTV images, etc.);

1. The existing existence of one throw on an emergency warning day (No. 1) on a seized stock farm;

1. Previous records of judgment: Criminal records, etc. inquiry report, results of prisoner search, investigation report (the latest previous records and report on attachment of judgment), investigation report (the previous records and additional attachment of judgment);

1. Habituality: The defendant has several records of punishment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, larceny, and attempted larceny, as stated in its holding, and the same kind of punishment is again the same within a short time after having been discharged from prison after having been sentenced to imprisonment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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