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(영문) 대전지방법원 논산지원 2019.07.02 2019고단229

상습절도등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Power】 On November 28, 2014, the Defendant was sentenced to a suspended sentence of one year and six months at the Jeonju District Court on the grounds of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which became final and conclusive on December 6 of the same year, and the suspended sentence became final and conclusive on July 15, 2015, and the said judgment became final and conclusive on the same day, and the said suspended sentence became final and conclusive on the same day. On January 4, 2018, the Defendant completed the execution of each of the said punishment in the North Korean Vocational Training Prison.

【Criminal Facts】 On May 21, 2019, at around 11:50, the Defendant: (a) opened a gate that had not been corrected later by the victim’s death at the house of the victim C in the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do; and (b) stolen the wall by having one of the 130,000 won in cash owned by the victim.

In addition, from December 2, 2018 to May 28, 2019, the Defendant infringed upon the residence of 22 victims by the same method as indicated in the attached list of crimes, and habitually stolen money and valuables worth KRW 4,509,000 in total over 17 times among them, and attempted to steals money and valuables over five times.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of victims;

1. On-site photographs;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (the same type and repeated crime before and after the same type and confirmation), judgments and current status of confinement of individuals;

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 repeated crimes of the same kind in the judgment;

1. Relevant legal provisions concerning facts constituting an offense, Articles 332, 329, 342, 332, and 329 of the Criminal Act, and Article 319 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommended sentences according to the sentencing criteria;

(a) [Scope of recommendations].