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(영문) 광주지방법원 2016.03.17 2016고단205

상습절도등

Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On March 8, 2012, the Defendant was sentenced to a suspended sentence of one year for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court, and was sentenced to a suspended sentence of ten months for the same crime in the same court on May 2, 2012. On June 17, 2014, the Defendant was sentenced to imprisonment with prison labor for the same crime at the same court on the same date, and on June 16, 2015, the Defendant completed the execution of the sentence at the Gwangju District Court on June 16, 2015.

On July 13, 2015, at around 09:30 on July 13, 2015, the Defendant intruded into the victim D’s residence in Gwangju Northern-gu through a gate that was not corrected, and had 2,000,000 won of the market price owned by the victim, 50,000,000 won of the market price from that time to January 18, 2016, and infringed upon another’s residence.

Accordingly, the defendant habitually stolens the victims' property and intrudes on the residence of another person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E and D;

1. Each statement of F, G and H;

1. A protocol of seizure and a list of seizure;

1. Previous convictions: A reply to inquiries, such as criminal history, investigation report (report on confirmation of repeated crimes);

1. Habituality of the judgment: dampness is recognized in light of the records of the crime, the number of crimes, the frequency of crimes, and the same kind of crimes committed in the judgment in a short period; the application of statutes;

1. Relevant Article 332 of the Criminal Act, Articles 32, 329 of the Criminal Act (including habitual larceny, inclusive) concerning the crime, Article 319 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: (a) the Defendant was punished several times, including the same type of larceny, but did not throw away the habit of larceny; and (b) the Defendant was released from prison once a month after he was released from prison.