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(영문) 대전지방법원 2017.05.31 2017고단1631
상습절도
Text

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

Seized evidence Nos. 5 and 7 shall be confiscated from the accused.

Reasons

Punishment of the crime

On July 15, 2008, the Defendant was sentenced to six years of imprisonment with prison labor for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof in the Gwangju District Court on July 15, 2008, and on June 22, 2011, was sentenced to six months of imprisonment with prison labor for an injury at the Daejeon District Court on September 20, 201, and completed the execution of the sentence in the Daejeon Prison on September 20, 2014.

From July 2016 to July 17:00 to 17:00, the Defendant opened and intruded a window not set up in the house of the victim D located in Daejeon-gu Daejeon-gu, and held 4 head of Tong, cash 700,000 won, and one wall with the market price equivalent to 300,000 won in the market price where there is evidence of the Korean Buddhist Cho Jong-do.

In addition, the Defendant committed an attempted theft of the total amount of KRW 15,435,00,00 from that to March 24, 2017, as indicated in the list of crimes in the attached Table, from that to that of March 24, 2017.

In the end, the defendant habitually committed a theft or attempted theft of the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Reports on the occurrence of each incident and reports on the occurrence of each incident;

1. A sufficient photograph;

1. Each CCTV image;

1. Investigation reports (responding to the results of adequate appraisal);

1. Seizure records;

1. A report on investigation (verification of the ledger for purchase of high gold);

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (the current status of confinement of suspects and attachment of judgment);

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

1. Articles 332, 330, 329, and 342 (including 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 reasons for sentencing under Article 48(1)1 of the Criminal Act: The fact that intrusion upon another person’s residence and the case was focused on the attempted theft or attempted theft of property, and that the crime was committed during the repeated offense period.

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