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(영문) 대전지방법원 서산지원 2017.08.10 2017고단337
상습절도등
Text

The sentence against the accused shall be determined by one year and six months of imprisonment.

Reasons

Punishment of the crime

On April 8, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Suwon Franchising Board, and completed the execution of the sentence at the public prison on September 29, 2016, and on February 1, 2012, the Defendant was sentenced to two years of suspended sentence for attempted larceny at the public prison.

On October 30, 2016, the Defendant intruded into the front door through the door door door door of the victim D’s residence located in Bohyeong-si, Bohyeong-si, the Defendant committed a theft with cash of KRW 200,000,000,00,000,000,000,000,000,000,000, out of TV, etc., owned by the victims, from that time until April 5, 2017, and committed a theft or attempted to steals with the victim’s residence over 13 times in total, such as the list of crimes, and with a total of KRW 4,40,00,00,00,00,000, including cash and bicycles owned by the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement (D, E, F, G, H (victim I), J, K, K, L, M, N,O, P, Q);

1. A protocol of seizure and a list of seizure;

1. On-site photographs, reports on the results of field identification, CCTV photographs, and black stuff photographs;

1. An appraisal report and a gene appraisal report in each salvable trace;

1. Previous convictions: Inquiry into criminal records and investigation reports (former rulings and reports on the period of repeated crimes);

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. Relevant legal provisions concerning the facts constituting an offense and habitually larceny: Violation of the provisions of Articles 332, 329, and 342 of the Criminal Act (comprehensively, the choice of imprisonment) by intrusion upon residence: Article 319 (1) of the Criminal Act (the choice of imprisonment);

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

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes / [the scope of the recommended punishment] / [the scope of the punishment] the aggravated area (one year and six months to four years) (a special aggravated person] / the habitual offender.

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