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(영문) 부산지방법원 2017.06.23 2017고합195
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[2] On March 12, 2008, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Ulsan District Court on the Aggravated Punishment, etc. of Specific Crimes, and on November 17, 2009, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on the Aggravated Punishment, etc. on the Aggravated Punishment, and on April 11, 2013, the Defendant filed a request for a review during the execution of the sentence for a period of four years from imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Chuncheon District Court's original branch on August 24, 2016 and completed the execution of the sentence at the Chuncheon District Court on October 13, 2016.

[Criminal facts]

1. On March 3, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) committed an attempted crime by habitually impairing the victims’ residence or structure nine times in total, including by destroying the victims’ housing or structure, and by destroying them into the house of the victim D, a total of KRW 4,835,420, and KRW 420,00,000, in total, from around nine times to around 150,000.

As a result, the defendant was sentenced twice or more to larceny, etc. and habitually committed larceny within three years after the execution of the sentence was completed.

2. On April 6, 2017, around 13:42 on April 6, 2017, the Defendant: (a) opened a closed gate in Busan Northern-gu E and intruded into the victim’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to G or H;

1. Each police statement made to I, F, and J;

1. Each statement in K, L, M, N,O, P, Q, and R preparation;

1. The general list of seized articles, each protocol of seizure (voluntary submission) and the list of seized articles;

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