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(영문) 광주지방법원 2019.02.12 2018고단4715

상습특수절도

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 27, 1998, the Defendant was sentenced to a suspended sentence of one year and six months at the Gwangju District Court for special larceny.

At around 03:10 on November 12, 2018, the Defendant: (a) committed each theft of the property owned by the victims on ten occasions from June 4, 2018 to November 13, 2018, including that: (b) the victim C, operated in Gwangju Mine-gu, used a cutting machine, damaged the entrance locks well; and (c) the Defendant intruded into cash of KRW 45,00,000; and (d) the Defendant habitually stolen the property owned by the victims on ten occasions, as indicated in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of C, E, F, G, H, I, J, K, and L;

1. Each photograph (Evidence Nos. 3, 5, 7, 12, 21, 23, 29, 40, 42, 45, 54);

1. Records of seizure and the list of seizure;

1. Previous convictions in judgment: Inquiry statements and judgments (Evidence Nos. 73);

1. Habitualness of judgment: Application of the Acts and subordinate statutes recognizing the habition of larceny in light of the fact that the crimes of the previous conviction and the crimes of the similar veterinary method have been repeated over a long time;

1. Articles 332, 331 (1), 330, and 329 of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation,

1. Reasons for sentencing under Article 333(1) of the Return Criminal Procedure Act [Determination of Punishment] 4 types of larceny (Special Convicts) (Special Convicts) for general property - Where a person intrudes into a place other than an indoor residential space in a living element of mitigation of mitigation - Where a person intrudes on a structure after night destruction of an aggravated element of mitigation / [decision of the recommended area] mitigation area / [decision of the recommendation area] mitigation area / [decision of the sentencing guidelines (decision of sentencing is based on the minimum sentencing range in both 8 months of imprisonment and law / [decision of sentencing] above sentencing criteria (decision of sentencing is based on the sentencing range in both 8 months of imprisonment and the law / The minimum sentencing range in the above sentencing range], and there is no criminal conviction exceeding the same criminal conviction and fine except for the previous conviction in the judgment