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(영문) 수원지방법원 평택지원 2015.06.19 2015고단708
상습절도
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On May 8, 1987, the Defendant was sentenced to imprisonment with prison labor for a short term of eight months and ten months for larceny, etc., and two years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. from the Hongsung Branch of the Daejeon District Court on December 27, 1990; two years for a suspended sentence of one year for attempted larceny, etc. at the Seoul Central District Court on April 9, 1998; ten months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Seoul Central District Court on May 18, 201; one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Seoul Southern District Court on June 10, 202; two years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Suwon District Court on April 22, 2005; and one year for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the said District Court on 16.

On December 23, 2014, at around 21:00 on December 23, 2014, the Defendant entered the victim athletic church located in Pyeongtaek-si in a crepan of the glass of the church and carried the glass into the church, thereby having property equivalent to 505,000 won in total, including 25,000 won in cash, 1 gold paper, and 1 gold paper, which are owned by the victim.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. On-site photographs;

1. Notification to a department related to reporting 112 cases;

1. The current status of persons who coincide with the results of the DDA comparison;

1. Previous records: Criminal history records, etc. inquiry reports, personal confinement/collection status, and copies of written judgments;

1. Habitualness of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the records of each crime, method of crime, etc. as shown in the judgment;

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

1. Imprisonment with prison labor chosen;

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