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(영문) 수원지방법원 2016.11.02 2016고단2318

상습절도등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 24, 2012, the defendant was sentenced to transfer of juvenile protection case to the Suwon District Court due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and on February 26, 2014, the same court was decided to transfer juvenile protection case to the same crime. On April 15, 2014, the defendant has five same criminal records, such as receiving the transfer of juvenile protection case from the Suwon District Prosecutors' Office due to special larceny, etc.

On December 20, 2015, between around 12:00 and 14:30, the Defendant was in front of the Victim D (38 years of age) located in Ssung C’s house, and the Defendant opened and intruded the windows adjacent to the entrance, which was not locked by the victim’s outing cresh, using the cresh of the house, and then cut down 225,000 won in cash within the house.

In addition, the Defendant habitually, from the time on April 15, 2016, infringed upon the residence of 12 victims by the same method, such as the statement in the attached list of crimes, from that time until April 15, 2016, and then stolen money and valuables worth KRW 3,380,000 in total over 10 times among them, and attempted to steals money and valuables over twice.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. A statement of E, F, G, H, I, J, K, L, M, N,O, P, Q, and R;

1. photographs of each scene of damage, each house site photograph of the victims, reports on the results of field identification, expert reports, and photographs;

1. Each investigation report (verification of the crime of intrusion theft committed by an additional farm household house);

1. Previous convictions: Criminal records, investigation reports (Probation, past dispositions, details of information on probation dispositions, information on juvenile protective dispositions, details of information on juvenile protective dispositions, report on previous records of dispositions and results of confirmation, and report on the date of release);

1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned and organized manner in the judgment;

1. Relevant Articles 342, 332, 329 (each habitual larceny and attempted habitual larceny) and 319 of the Criminal Act concerning criminal facts.