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(영문) 대전지방법원 2016.06.22 2016고단1209

상습특수절도

Text

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

The seized evidence No. 1 through 15 shall be returned to the injured party's name.

Reasons

Punishment of the crime

On July 8, 2010, the Defendant was sentenced to three years for the crime of bodily injury resulting from rape in the Daejeon District Court, and the above sentence was finalized on October 16 of the same year. On April 16, 2013, the Defendant was sentenced to imprisonment with prison labor for larceny in Daejeon District Court on July 22, 2004 and was sentenced to more than eight months for larceny.

Criminal facts

On August 9, 2015, at around 01:0 to 02:00, the Defendant habitually stolen tobacco and cash equivalent to KRW 23,657,700 in total on 21 occasions from June 3, 2014 to April 17, 2016, as indicated in the list of crimes, from the victim D, which was operated by Daejeon Seo-gu, Daejeon, by shouldering and intrusioning the windows thereof, and then bringing about 21 pieces of tobacco owned by the victim in the Kabter; and subsequently, the Defendant habitually stolen the amount of KRW 23,657,700 in total, as indicated in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Each statement of G, H, I, J, K, L, M, N, P, Q, Q, R, T, U,V, W, X, andY;

1. All on-site photographs and CCTV photographs;

1. Each protocol of seizure;

1. Previous records: A written inquiry and a written judgment; and

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. Article 332, Article 331 (1), Article 330, or Article 329 (General Provisions) of the Criminal Act concerning the facts constituting an offense;

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

1. Circumstances unfavorable to the sentencing of Article 333(1) of the Victim Return Criminal Procedure Act: A majority is 21 times the number of the theft crimes committed. The maximum amount of money and valuables for theft is the maximum amount, victims have not been reimbursed, victims have been incurred, three times the records of the theft crime, and circumstances favorable to the fact that the crime was committed during the period of repeated crime: A sentence is rendered to the effect that all the records of the larceny crimes have been three times, but they have been more than 12 years prior to the last larceny crime, confession and reflects on the above circumstances: the defendant's age, sex, environment;