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(영문) 대구지방법원 상주지원 2015.05.26 2015고단166

상습절도

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal record] On November 27, 1998, the defendant was sentenced to imprisonment for one year with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Daegu District Court on April 12, 2001, to imprisonment with prison labor for a maximum of one year and three months, a short of one year and one year, a short of one year, and one year and six months for the same crime at the Daegu District Court on November 15, 2002, and one year and six months, July 16, 2004 for the same crime at the same court on the same date, from the Daegu District Court on December 22, 2005 to two years, from the Daegu District Court on January 11, 2008 to the same crime, and from the Daegu District Court on June 3, 201 to the imprisonment with prison labor for three years, and from the Daegu District Court on June 4, 2015 to the same crime.

[Criminal Facts] On April 10, 2015, around 10:55, the Defendant: (a) opened a small door door door door and intruded into the victim’s house in Ycheon-gun C; and (b) took 570,000 won in cash owned by the victim who was kept in his/her ward and inside and outside of the house, and subsequently stolen the victim’s property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Previous records of judgment: Criminal history records, investigation reports (verification of the same record for a suspect), investigation reports (Attachment to a certificate of release of a suspect);

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, method of crime, etc. as stated in the judgment;

1. Relevant Articles of the Criminal Act and Articles 332 and 329 of the Criminal Act concerning the crimes;

1. The reason for sentencing of Article 35 of the Criminal Act among repeated offenders [the range of recommending punishment] : (a) the reason for sentencing of Article 35 of the Criminal Act ; (b) the larceny of general property ; (c) the aggravation area (1 year and six months to four years) (1 year and four years); (d) the criminal defendant has several criminal offenses of the same kind (decision of sentence ]; (c) the criminal defendant has several criminal offenses of the same kind; and (d) the criminal defendant has violated another person's residence and has been sentenced to imprisonment with prison labor for the theft of goods or for his/her attempted crime, and