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(영문) 광주지방법원 2019.09.19 2019고단1918
상습절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On November 23, 2017, the Defendant was sentenced to imprisonment with prison labor for habitual larceny, etc. at the Gwangju District Court on November 23, 2017, and was paroled on February 28, 2019 (the expiration of the term of punishment on May 12, 2019) and eight times the same criminal records.

On April 18, 2019, at around 16:07, the Defendant: (a) had the key of D vehicle equivalent to KRW 100,000,00 of the market price of the victim’s possession in the store owned by the victim C in Gwangju Mine-gu, Gwangju; (b) from that time, up to May 11, 2019, the Defendant committed a theft or attempted to steals of the victims’ property over 10 times in total, as indicated in the list of crimes in the annexed sheet of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F, G, H, I, and C;

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

1. Each statement of K, C, L, M, and N;

1. Each internal investigation report (price calculation and recovery details of damaged goods, and price of electric saws);

1. Each photograph;

1. Previous convictions in judgment: Inquiry reports, current status of personal confinement, and each written judgment;

1. Habituality of the judgment: In light of the records of the crime in the judgment, the method and frequency of the crime, and the fact that a sentence of imprisonment for the same kind of crime was sentenced to several times during the period of parole, and again repeats the crime of larceny (the defendant is arguing that there is no fact that a theft has been committed against a part of the facts charged, but all the evidences of the judgment can be found guilty of all the facts charged).

1. Relevant provisions of the Criminal Act and Articles 332, 329 of the Criminal Act, Articles 342, 332, and 329 of the Criminal Act, the grounds for sentencing of the choice of imprisonment (including both the crimes of habitual larceny) [the scope of the recommending area and the scope of the recommended punishment] - the increased area, and the number of months to two years of imprisonment [the category 2] general larceny - the increased factor of general larceny - the increased factor of general larceny - the defendant has the records of having been punished eight times for the same crime, and shall be habitual larceny.

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