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(영문) 대전지방법원 2019.02.20 2018고단4510

상습절도

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On June 30, 2015, the Defendant was sentenced to one year and nine months in the Daejeon District Court for habitual larceny, and one year in the same court on June 27, 2017, and completed the execution of the final sentence in the Daejeon Prison on May 13, 2018.

【Criminal Facts】

On September 9, 2018, at around 04:00, the Defendant opened a 100,000 won of the market value of the victim’s ownership, which was located in the Seo-gu, Seo-gu, Daejeon, in which his name cannot be known, with a vehicle installed and opened a door near the C Elementary School located in Seo-gu, Seo-gu, Daejeon, and opened a 100,000 won of the market value of the victim’s ownership. From that time, the Defendant stolen money and valuables equivalent to KRW 3,505,00 in total three times in total, as described in No. 1,2, and 4 of the list of crimes, and stolen money and valuables as described in No. 3 of the list of crimes.

Accordingly, the defendant habitually stolen another person's property or attempted to steals another person's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Each report on investigation;

1. Previous convictions indicated in judgment: Criminal records and confirmation of criminal records of the same kind of criminal suspect (change of name of a crime resulting from a theftproof wall, confirmation of criminal records of a repeated crime

1. Habituality of judgment: Application of the 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 crimes are repeated several times in a planned and organized manner in the judgment;

1. Relevant Article 332 of the Criminal Act, Articles 32, 329 of the Criminal Act, Articles 342, 332 and 329 of the Criminal Act, Articles 342, 332 and 329 of the Criminal Act, the choice of imprisonment for a crime

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommending punishment] [the grounds for sentencing under Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommending] and the special aggravation area (10-3 years) for general property.