(영문) 부산지방법원 2015.06.18 2015고단1961

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(영문) 부산지방법원 2015.06.18 2015고단1961

상습절도미수

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On September 26, 1990, the defendant was sentenced to imprisonment with prison labor for special larceny in the Dong branch of the Busan District Court, 10 months of probation, 2 years of probation, 2 million won from the Busan District Court as a crime of larceny on March 13, 1992, and 1 year and six months of imprisonment with prison labor for the same crime in the Busan District Court on May 6, 1998, 10 months from January 18, 2002, and 1 year and six months from the Busan District Court on December 2, 2003 as imprisonment with prison labor for the same crime, and on January 12, 2012 at the same court, the defendant was sentenced to imprisonment with prison labor for larceny, etc., and on April 5, 2013, the defendant was sentenced to punishment for larceny from the Busan District Court on April 13, 2013 as a punishment for the violation of the Act on the Aggravated Punishment, etc.

【Criminal Facts】

On April 3, 2015, at around 14:40, the Defendant: (a) entered the victim D’s residence located in Busan B, with entrance and entrance door to the multi-use room; (b) went into the victim’s residence; and (c) went into the victim’s residence; (d) was discovered while finding the object to be stolen; and (e) was not aware of it; and (e) did not commit an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. On-site photographs;

1. A criminal investigation report (to hear statements from victims related to whether to correct gates);

1. Previous convictions: Criminal records and investigation reports (verification of the date of release of a suspect and attachment of relevant written judgments);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, method of number of crimes, frequency of crimes, and the fact that the same kind of crime has been systematically repeated;

1. Article 342 of the Criminal Act and Articles 332, 329 of the Criminal Act and the choice of imprisonment for the crime;

1. The defense counsel of the defendant guilty of Article 35 of the Criminal Code among repeated crimes. Although the defendant invadeds on his residence with the intention of larceny, the defendant did not go to physical color.

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