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(영문) 대구지방법원 2014.08.28 2014고단2719

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Seized Nos. 2, 4, 9 through 24 shall be returned to a person who has lost the name of the injured party.

Reasons

Punishment of the crime

On April 7, 2014, the Defendant habitually invaded the victim's house before the house of the victim C Apartment 202 Dong 203, 203, the window of Changwon-si, Changwon-si on April 7, 2014, and then stolen another's property worth 206,870,000,00 won in total, by a similar method over 21 times in total, from September 2012 to April 2014, as indicated in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, F, G, H, I, J, K, and L;

1. Each statement of M, N,O, P, Q, R, S, T, U,V, and D;

1. Records of seizure and the list of seizure;

1. Application of each investigation report (victim W, X, R, J, S,O, U, F, and M) statute;

1. Relevant Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, and the choice of limited imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing of Article 333(1) of the Criminal Procedure Act for the return of victims [the scope of recommending punishment] and the basic area (2 to 4 years) of category 1 (general and repeated larceny) (2 to 4 years) [3] of habitual and repeated larceny] [the decision of sentencing] [the number of crimes in this case, the number of damage amount, and the victims are rarely not recovered from damage], it is inevitable to pronounce a heavy sentence against the accused.

However, the punishment as ordered shall be determined by comprehensively taking into account the fact that the defendant is led to confession and wrong, and all the conditions of sentencing, such as the age, character and conduct, environment, and circumstances after the crime, etc.