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(영문) 대구지방법원 서부지원 2015.08.20 2015고단1144
상습절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Power】 On March 26, 2013, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seo-gu District Court’s Branch Branch, and was terminated in the Daegu Prison on July 24, 2014, and was sentenced to eight months of imprisonment for larceny in its deputy branch of the Daegu District Court’s Branch on April 12, 2011, and five months of imprisonment for larceny, etc. at the Daegu District Court’s Branch on November 8, 2012, and was sentenced to five months of imprisonment for larceny, etc. at the Daegu District Court’s Branch on November 26, 2012.

【Criminal Facts】

1. On March 11, 2015, at around 15:50 on March 11, 2015, the Defendant cut off one female boom at an amount equivalent to 2.50,000 won at the market price, where the victim D sells valleys, etc. around the middle-gu building, and the victim D, in and around the street, walking a tent behind the victim’s boom by making use of the gap in which the victim’s booms, and coming into the boom, and there is a cash amounting to 2.50,000 won at the sales stand, which is the victim’s possession.

2. On July 6, 2015, around 11:51, the Defendant: (a) entered the cafeteria operated by the Victim F in the Daegu Seo-gu, “G” restaurant; (b) entered the cafeteria via the open entrance, and used the cresh of the victim’s place to use the cresh in the restaurant accounting column, thereby cutting off one 2.45,00 won or less of the market price of the cash owned by the victim, which is 1350,000 won or more of the market price.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (attached to judgments, etc.);

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

1. Relevant Article 332 of the Criminal Act and Articles 332 and 329 of the Criminal Act and the choice of imprisonment with prison labor;

1. The reasons for sentencing Article 35 of the Criminal Act among repeated offenders are the same crimes.

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