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(영문) 광주지방법원 2016.01.28 2015고단5275
상습절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 13, 2010, the Defendant was sentenced to a suspended sentence of one year and six months by imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court, and on May 3, 2013, the Defendant was sentenced to a suspended sentence of six months by larceny, etc. at the same court and completed the execution of the sentence in Gwangju Prison on June 14, 2015.

On August 4, 2015, the Defendant habitually stolen another’s property nine times in total from June 25, 2015 to August 15, 2015, including the theft of a 295,00 won at the market price displayed at a string door through a string door for the victim D’s 'E’ operated by the victim D, which was located in the Southern-gun Group C, in order to have the victim take a meal for the point of occupation.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect to the public prosecutor and the police accused;

1. Each statement made by the police with respect to D, F, G, H, I, and J;

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

1. On-site report accompanied by a field photograph, a report on confirmation of the storage place, an investigation report on the scene of such crime, an on-site inspection report, and an on-site inspection report accompanied by a verification photograph (the No. 3, 12, 15, 17, 19, 21, 22, 23, 24 of the evidence list);

1. References to inquiries, such as criminal history, and the acceptance status of individuals;

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 fact that the same kind of crime has been committed in a planned and organized manner;

1. Articles 332 and 329 of the Criminal Act concerning the facts constituting an offense;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the defendant recognized all the crimes of this case, and his depth is divided.

However, the defendant is recognized as habituality of larceny, while committing the crime of this case during the period of repeated crime.

In addition, it shall be decided as per the disposition by comprehensively taking into account all the circumstances revealed in the process of investigation and trial.

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