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(영문) 청주지방법원 2016.12.22 2016고단2143
상습절도
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Using the fact that it is easy for outside persons to enter an elementary school open class day or sports competition day, the Defendant confirmed the open class day, etc. of each elementary school through Internet search, and sentenced them to steals money and valuables by entering the school.

On June 1, 2016, at least 12:10, the Defendant forced teachers, such as the victim F, to enter the three-year laboratory near the third-class laboratory located in Cheongju-si, Cheongju-si, to enter the said laboratory by taking advantage of the gaps in which the place was open to the public, and to take advantage of the gaps in which teachers, such as the victim F, had been in possession of the said laboratory, and committed theft of 2.50,000 won worth of 10,000 won in total, such as 2/10,000 won in the handbag of the victim's handbag, and 50,000 won in the agricultural gift certificates, from April 27, 2016 to September 28, 2016, each victim's property was stolen habitually for 14 times in total, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Each statement of F, G, H, I, K, K, L, M, N, P, Q, Q, R, T, U, V, X, Y, Z, AB, and AC;

1. Each protocol of seizure and the list of seizure;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the following: The method and frequency of each crime, and the fact that the same kind of crime has been repeated several times in a short period of time;

1. Relevant Articles of the Criminal Act and Articles 332 and 329 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act of confiscation [the scope of recommending punishment] : (a) the mitigation area (8 to 1.6 months) of the mitigation area (special mitigation) of general property; (b) a living-type crime; (c) a crime not punishable; and (d) a habitual offender (a decision of sentence) a living-type crime; (d) 22 of the total 24 victims expressed their intention not to punish; and (e) there are minor damages and no criminal records of past suspension of execution.

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