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(영문) 창원지방법원 진주지원 2016.02.19 2015고단1343
절도등
Text

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

Reasons

Punishment of the crime

On July 8, 2015, the Defendant was sentenced to one year and four months in the Changwon District Court to habitually commit a special larceny, and completed the execution of the sentence on November 17, 2015.

1. On December 4, 2015, around 11:00 on December 11, 2015, the Defendant: (a) opened the victim D’s house in front of the victim D’s house located in Sacheon-si, with the entrance door opened to the victim’s house; and (b) opened a cash of KRW 100,000 on the part of the victim’s wall located inside and outside of the house; and (c) then, from around that time to December 16, 2015, the Defendant abused or attempted to steals the victims’ property at least eight times in total, as indicated in the list of crimes, and invaded the victims’ residence.

2. Around 11:00 on December 5, 2015, the Defendant infringed upon the victim’s residence through a gate, which was written in front of the victim F’s house located in Sacheon-si, E, and was written in his/her idea to steal the property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each statement of H, D, F, I, J, K, L, and M;

1. A survey report on actual conditions;

1. Each photograph;

1. Previous convictions in judgment: Application of a written reply to inquiries, such as criminal history, investigation report (A), and applicable Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Articles 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Article 319 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is that the defendant reflects his own crime, the total amount of the money that the defendant stolen is not a large amount of interest, and the fact that some victims (D and J) do not want to punish the defendant is favorable to the defendant.

However, there is a record that the defendant has been punished three times for the same crime, and the execution of the final sentence is terminated, and it is only one month.

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