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(영문) 춘천지방법원 2017.03.28 2017고단110

절도등

Text

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

Seized green heading 1 pairs (No. 9) shall be confiscated.

Reasons

Punishment of the crime

On July 19, 2016, the Defendant was sentenced to imprisonment with prison labor for habitual special larceny in the Chuncheon District Court for three years and ten months, and the execution of the sentence was terminated on December 26, 2016.

The Defendant, at around 11:50 on January 18, 2017, went into front of the Victim D's house located in Chuncheon C, and then intruded with a wooden locked lock, and followed up with 400,000 won at the market price of the living room, and stolen Samsung ELD (LED) from around the same day to the point of time.

2. Before August, 200, money and valuables amounting to KRW 2970,00 in total, five times following the intrusion upon another person’s residence, such as the list of crimes in the annexed sheet, were stolen and attempted to steals money and valuables on three occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, G, and H;

1. Each statement of D, I, J, and K;

1. Each protocol of seizure, each list of seizure, and investigation reports (along with all photographs of evidence);

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation report (the suspect A's confirmation report on the same criminal history);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Article 329 (Taking Point in Section 329) of the Criminal Act, Articles 342, 329, and 329 of the Criminal Act, each of Article 319 (1) of the Act, and the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Recommendations for the sentencing criteria [the scope of recommendations] 1 year and 6 months to 7 years, which are not equivalent to the aggravated area (1 year and 6 months to 4 years) of the aggravated area (1 year and 1 year to 4 years) of the specific crime (special aggravated person) (the scope of final penalties due to the aggravated punishment of multiple offenses).

2. The period of a repeated crime for which the defendant, who was sentenced to imprisonment for the same kind of crime, has not yet passed since he was sentenced to imprisonment for the same criminal act.