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(영문) 대전지방법원 천안지원 2016.11.18 2016고단1956

상습절도

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

【Criminal Power】 On May 13, 2016, the Defendant was sentenced to four years of imprisonment with prison labor for habitual larceny, etc. at the Daejeon District Court on May 13, 2016, and on May 21, 2016, the same criminal records other than those of the Daejeon Prison, the execution of which was completed, are added nine times

【Criminal Facts】 On September 14, 2016, the Defendant: (a) around 08:40 on September 14, 2016, at the parking lot for the Gyeong-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon at a 23-37 Bridge, the victim parked a Done Star, and found the vehicle into the rest area with his/her family members, and did not see the situation where the victim was entering the rest area with his/her family members; (b) opened the front knick door, and moved the knife to the front knife; and (c) moved the 170,000 won in cash, the victim’s possession of the knife between the front knife and the front knife, and approximately KRW 10,000,00,000 in the market price.

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. C’s statement;

1. Each photograph, CD;

1. Each report on investigation;

1. Previous convictions indicated in judgment: Criminal records and results of confinement of prisoners;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Relevant Article 332 of the Criminal Act and Articles 332 and 329 of the Criminal Act, the choice of imprisonment with prison labor;

1. The reason for sentencing Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] : Type II (General thief) of the thief for general property and the standard for describing the special aggravation area (one year to four years and six months): A habitual offender (a person under special circumstances) who does not correspond to a habitual offender (a person under special circumstances) or habitual offender (a person under repeated offense) / The decision of sentence / The defendant repeatedly commits a crime even though he/she has been punished several times due to the theft of the same law.