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(영문) 광주지방법원 2017.05.31 2017고단1624

상습절도등

Text

The punishment of the accused shall be determined by a year of imprisonment.

Reasons

Punishment of the crime

From early 2016, the Defendant, without a certain residence, tried to steals another person's money to raise expenses incurred in living in a old-age room while living in the middle of the Gwangju Yangdong bridge without a house.

On February 3, 2016, around 12:55, the Defendant invadedd the Victim D's house and attempted to steals money and valuables, but did not find stolen objects.

In addition, from around that time to April 12, 2017, the Defendant habitually abused or attempted to steals another’s property in an amount equivalent to 14,093,00 won, or attempted to steals money and goods on 37 occasions in total, as stated in the list of crimes in the separate sheet of crimes, from around that time to around April 12, 2017, and entered an abandoned house, orchard storage, or parked tea, etc., and infringed upon another’s residence over 11 times in total, such as the foregoing list Nos. 1, 3, 9, 13, 14, 16 to 20, and 24.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

1. Written statements of H, I, J, K, L, M, M,O, P, Q, S, T, U,V, W, X (Investigation Records 379), Y, AA, AB, AC, AD, AE, AE, AF (Investigation Records 419, 425), AG (Investigation Records 435, 441), AH, AI (Investigation Records 453, 459), AJ and AK;

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

1. Detection photographs of damaged articles;

1. Photographss by cutting a motor vehicle boom image images;

1. A photograph of each CCTV-cap (a 35 pages, 164 pages, 173 pages, 220 pages, 220 pages);

1. On-site photographs of seized articles;

1. On-site photographs (victim AL);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the following methods, frequency of crimes, and the fact that the same kind of crime has been committed systematically and systematically;

1. Relevant legal provisions concerning facts constituting an offense, Articles 332, 329, 342 of the Criminal Act (a comprehensive theft), 319 (1) (a point of intrusion upon each house), and each choice of imprisonment with prison labor;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act, as follows.