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Reasons
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(영문) 광주지방법원 2015.06.16 2015재고단34
상습절도
Text

Defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

On April 25, 1986, the Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and two years and six months at the Gwangju District Court, and was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on November 6, 2003 by the Jeonju District Court.

In addition, on January 31, 2007, the Gwangju District Court sentenced 3 years to imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the Nam Branch of the Gwangju District Court on November 7, 2009 and completed the enforcement of the sentence

At around 09:30 on February 2, 2012, the Defendant: (a) entered a store as if he were living things; (b) opened the victim E, and displayed a cre in a place where surveillance was neglected, with the market price of 12,459,00 won, the Defendant stolen the Defendant’s property (i.e., the total market price of KRW 12,459,000 from Apr. 2, 2010 to Apr. 24, 2012).

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of the police with respect to F, G, H, I, J, K, L, and M;

1. Each statement of E, N,O, P, Q, R, S, and T;

1. Records before judgment: Criminal records, etc. inquiry reports, investigation reports (Evidence No. 58 No. 58), and current status of taking custody of each individual;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime in the judgment, the number of times, and the repeated crimes of the same kind;

1. Relevant Article 332 of the Criminal Act and Articles 332 and 329 of the Criminal Act concerning the crime. Article 329 (Appointment of Imprisonment in General)

1. The reason for sentencing the proviso of Article 35 and the proviso of Article 42 of the Criminal Act among repeated offenders is both confessions of criminal facts, and even considering the fact that the Constitutional Court rendered a decision of unconstitutionality with respect to the provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, which are applied to the judgment subject to a retrial, the defendant was not only a criminal defendant, but also a

Moreover, victims' damages.

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