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(영문) 광주지방법원 2015.03.18 2015고단441
상습절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On August 27, 2008, the Defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended sentence for larceny, etc. on October 16, 2012, and was sentenced to a fine of 1 million won for larceny by the same court on October 16, 2012, and was sentenced to a fine of 1 million won by the same court on September 26, 2013.

【Criminal Facts】

On November 30, 2014, at around 11:00, the Defendant: (a) entered a room through a gate, where the victim was not set in the victim D’s house located in C, the YY, and then was stolen by having one swine storage machine, which was located in the said room, and from that time until January 30, 2015, from that time, until January 30, 2015, the Defendant habitually stolen the cash amounting to KRW 1,60,500 in total on 20 occasions, as stated in the list of crimes in the separate sheet.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. Previous convictions in the judgment: Investigation report (report on confirmation of the same type of force);

1. Habituality of judgment: Application of Acts and subordinate statutes to the larceny shall be recognized in view of each previous crime, method of crime, frequency of crime, and the repeated crimes of the same kind in the judgment;

1. Articles 332 and 329 of the Criminal Act applicable to the crimes;

1. The reason for sentencing a sentence of selective punishment - the reason for sentencing - the reasonable circumstance: The defendant committed the instant crime; the defendant was arrested on the charge of No. 20 of the list of offenses; and the crime No. 1-19 of the instant crime committed by himself even though he was not subject to investigation by the investigation agency; the defendant voluntarily led to confessions even though he did not go through the investigation agency. The circumstances are that the elderly living in the rural area, during the daytime, was aware that the elderly living in the rural area was frequently living in the community center or the center for senior citizens, and the elderly was living in the rural area, and was committed the crime of cutting off the abandoned house in the rural area, and the damage recovery was not made at all except for the wall that was temporarily returned to the victims.

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