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(영문) 광주지방법원 2016.04.22 2016고단668

상습절도등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On May 26, 2010, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Gwangju District Court for ten months, and six months from imprisonment with prison labor at the Gwangju District Court on March 30, 201 for larceny, and one year and six months from May 30, 201 for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daejeon District Court’s astronomical Branch on May 30, 201, and completed the execution of the sentence at the Incheon District Court on October 23, 2014.

1. From February 8, 2016 to February 23, 2016, the Defendant habitually stolen the victim E, using the gaps in which the victim E knifeed in Gwangju Northern-gu, and thereby neglected surveillance by taking advantage of the gaps in which surveillance was neglected, and brought one knife of five mobile phones with a total of 7,470,000 won from December 13, 2015 to February 23, 2016, as indicated in the list of crimes in the attached list of crimes.

The Defendant, as such, stolen cash and articles of victims habitually over 16 times.

2. Around 14:00 on February 9, 2016, the Defendant, at a mobile phone agency of the trade name of H operated by the victim G in Gwangju North-gu, Gwangju-gu, obtained pecuniary benefits equivalent to the same amount by deceiving the said victim as if he/she had completed gallon 5 mobile phones, as described in paragraph 1, by deceiving the said victim as if he/she was his/her own possession.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Each written statement of J, K, L, M, E, N, P, Q, R, S, T, U, V, W, X,Y, and Z;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, personal identification and acceptance status, and judgment;

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

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) A habitual larceny as indicated in the judgment: Articles 332 and 329 of the Criminal Act, inclusive;

(b) Fraud in the judgment: Article 347(1) of the Criminal Act (the choice of imprisonment);

1. The Criminal Act for aggravated repeated crimes.