beta
(영문) 광주지방법원 순천지원 2017.08.09 2017고단1051

상습절도등

Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence 1 or 2 shall be confiscated.

Reasons

Punishment of the crime

On July 24, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Changwon District Court on July 24, 2014, and completed the execution of the sentence at Andong Prison on February 21, 2016.

From around 12:50 on February 2, 2017 to around 13:30 on the same day, the Defendant opened and entered an entrance that was not set up for the purpose of theft of property from the fourth and third half classes of “D elementary school” in C, “D elementary school,” which was located in C, and left with KRW 30,000,000,000 in cash owned by the victim E, which is the teacher in charge on the book, from that time to May 22, 2017, the Defendant stolen property worth KRW 3.1 million on a total of 43 occasions, and attempted to steals property on a total of 21 occasions.

Accordingly, the defendant invadedd a structure and attempted to steal or steal the victims' property habitually.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. Each report on investigation;

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

1. CCTV photographs;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, personal confinement status, and copy of the judgment (Evidence List No. 87);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the previous convictions in the judgment, the records of crimes, the number of crimes, the frequency of crimes, and the fact that the same type of crimes has been committed several times

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 332, 329 of the Criminal Act (the points of habitual larceny), Articles 342, 332, 329 of the Criminal Act (the points of habitual larceny) and 329 of the Criminal Act, Article 319 (1) of the Criminal Act (the points of intrusion upon buildings), and the choice of imprisonment, respectively;

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

1. The former part of Article 37 of the Criminal Act, the main sentence of Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. The sentencing conditions under Article 48(1)1 of the Criminal Act, including the following circumstances, as well as the age, sex, family environment, motive and circumstance of the crime, and the circumstances after the crime, shall be determined as ordered by the court in consideration of the following circumstances.

A favorable circumstance: The defendant is the case.