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(영문) 대구지방법원 2018.03.09 2018고단608
상습절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 5, 2010, the Defendant was issued a summary order of KRW 300,00 by the Changwon District Court for larceny; on December 20, 2010, the same court was issued a summary order of KRW 500,000 by larceny, etc. on July 22, 2011; on July 22, 2011, the same court was sentenced to a suspended sentence of two years for one year and six months due to a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on October 1, 2013, the same court was sentenced to a suspended sentence of two years for three years for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; and on May 21, 2014, the probation period was finalized on May 29, 201 and the said suspended sentence became final and conclusive on July 1, 2017.

1. On December 12, 2017, the Defendant: (a) taken out KRW 30,000 in cash of the victim out of the 2nd education hall of “one Non church” located in Daegu Jung-gu, Daegu-ro 269, from the education hall for the second floor of “one Non church”; (b) the Defendant was off from the victim C.

L. A. L. theft was committed.

2. On January 27, 2018, the Defendant taken up one envelope containing 1,000 won in cash and one envelope containing 10,000 won in cash from the victim D’s home page where the victim D had a locked place between the victim D and the victim D, and one envelope containing 9 pages containing 10,000 won in cash at the victim D’s home page where the victim D had a locked place.

(v) A theft was committed.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and D;

1. A previous conviction in judgment: A reply to inquiry about criminal history, a report on investigation (Attachment of a certificate of confinement), a report on investigation (verification of the period of repeated crime and reporting on attachment of the same criminal judgment);

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

1. Selection of penalty;

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