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(영문) 청주지방법원 영동지원 2016.02.11 2015고단256
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

[criminal record] On September 24, 2012, the Defendant received a summary order of KRW 1 million as a fine for larceny from the Youngju District Court’s Yeongdeungpo-dong branch. On April 30, 2015, the Defendant was sentenced to a suspended sentence of KRW 2 years for an attempted special larceny in the Youngju District Court’s Yeongdeungpo-dong branch, etc. on May 8, 2015, and the suspended sentence became final and conclusive on May 8, 2015, and was sentenced to a summary order of KRW 3 million for larceny, etc. at the same court on October 20, 2015.

[2] On October 3, 2015, around 04:00, the Defendant: (a) opened and intruded into D offices located in Chungcheongnam-gun, Chungcheongnam-gun; (b) opened a closed glass room; and (c) opened one city and Nowon-gu, the market price of the victim E, which was on his/her book, was equivalent to KRW 300,000,000; and (d) thereafter, he/she attempted to steals or steals things worth KRW 1,605,000, the market price of the victims owned by the victims nine times in total, as indicated in the list of crimes in the attached Table of Crimes.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to F, G, H, I, and J;

1. Written statements E, F, K, and L;

1. Police seizure records;

1. Previous convictions: A reply to inquiry, such as criminal history, investigation report (report on the confirmation of crimes during the period of the same type of crime and the suspension of execution);

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 fact that the same kind of crime has been committed in a planned manner;

1. Relevant Article 332 of the Criminal Act; Articles 330, 331 (1) and 342 of the Criminal Act concerning the facts constituting an offense (inclusive of them);

1. The reason for sentencing under Article 48(1)1 of the Criminal Act, when the defendant committed the instant crime during the suspension of execution due to the same crime, the defendant committed the instant crime.

At night, the Defendant intruded on a restaurant by destroying windows, etc., and committed a theft.

As such, the nature of the instant crime is serious.

However, the defendant's mistake and the amount of theft are relatively large.

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