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(영문) 춘천지방법원 2016.09.07 2016고단497

상습특수절도

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 25, 2015, the Defendant: (a) went to “E” in the “E” operation of the victim of C Apartment 201, Chuncheon-si, Chuncheon-si, 201; (b) intruded the glass part of the entrance door of the said store by using the Bara; and (c) stolen it with KRW 3.60,000,000 owned by the victim who had been in the

In addition, from November 6, 2015 to February 2, 2016, the Defendant stolen the property worth KRW 6,186,000 in total of the market price by the same method over 36 times in both habitually, as shown in the list of crimes, from around 6, 2015 to February 2, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Each statement in respect of the preparation of D, G, H, I, K, K, M, M, N, P, Q, R, T, U, V, W, X,Y, Z, AB, AC, AE, AE, AE, AF, AH, AH, AI, AJ, AJ, AJ, AL, ASEAN, and F;

1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the fact that there exists a record of juvenile protective disposition twice due to special larceny, the crime of this case is identical, and the same type of crime is repeated several times;

1. A punishment for committing a crime under relevant provisions of Articles 332, 331 (1), 330 (a) , 342, 331 (1), 330 (a) , 330 (a crime of habitual larceny), 330 (a crime of habitual larceny), 332, 342, and 330 (a crime of habitual larceny of a structure at night) of the Criminal Act concerning the crime, in all together, for committing a crime of habitual special larceny;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Although sentencing guidelines are set for habitual larceny in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, there are no separate sentencing guidelines set for habitual special larceny under the Criminal Code.

The number of the crimes in this case is many, and most of the crimes in this case are used by the Raber, cuter, etc., and the nature of the crimes in light of the content and method of such crimes is not less than that of the crime, and the defendant is part of the defendant.