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(영문) 대전지방법원 2018.05.16 2018고단1101

상습절도

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 29, 2001, the Defendant was sentenced to two years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul District Court, and was sentenced to one year and six months of imprisonment for the same crime at the Seoul East District Court on August 5, 2009, and was sentenced to one year and six months of imprisonment for larceny, etc. at the Daegu District Court on September 8, 2016, and was sentenced to one year of imprisonment for a crime of larceny, etc. at the Daegu District Court on February 25, 2017, the Defendant was sentenced to one year and one year and six months of imprisonment for the crime of larceny.

Criminal facts

1. On November 26, 2017, the Defendant, at around 11:56, 2017, committed so as to pay congratulatory money, as the victim E’s marriage tenant, at the Dweing hole located in Chungcheongnam-gun, Chungcheongnam-do. However, the Defendant, as the victim E’s marriage tenant, stolen a stable bag containing two million won in cash, which had been put on the cover of the gold receipt counter of the stable.

2. On March 4, 2018, at around 12:09, the Defendant: (a) 3rd floor Gwa Holdings located in Daejeon PSF, as if he/she were to pay congratulatory money, as a victim H’s wife’s father-child marriage staff member; (b) the Defendant stolen a stable bag containing a cash bag of 500,000 won, which had been set up above the stable’s gold receipt stand.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A H statement;

1. Each report on investigation;

1. Previous convictions in judgment: A reply to inquiries, such as criminal history, investigation report (written inquiry about the same kind of suspect and acceptance);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crime has been committed in a planned and organized manner;

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

1. Circumstances unfavorable to the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes: Crimes committed during the period of repeated crimes even though they had been punished several times, such as committing each of the crimes of this case, because they were released from prison after serving as the same kind of crime.