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(영문) 서울동부지방법원 2016.05.19 2016고단671
상습절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On February 10, 2006, the Defendant was sentenced to six months of imprisonment with prison labor for special larceny, etc. at the Seoul Eastern District Court on June 12, 2007; six months of imprisonment with prison labor for night intrusion larceny at the Seoul Southern District Court on January 25, 2008; three months of imprisonment with prison labor for larceny; ten years of imprisonment with prison labor for night intrusion larceny at the Seoul East Eastern District Court on August 20, 2008; two years of imprisonment with prison labor for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the same court on June 3, 2009; three years of imprisonment with prison labor for the same crime at the same court on September 21, 201; and on December 22, 2014, the execution of the sentence terminated after being sentenced to imprisonment with prison labor for residential larceny at night on December 18, 2015.

[2] On January 8, 2016, at around 19:00, the Defendant: (a) opened a door door that was not set up in front of the Seoul Special Metropolitan City Gwangjin-gu Housing 301; and (b) invaded on the door; and (c) stolen the door door door with the victim D owned by the victim amounting to KRW 2.50,00,00 in the market price under the above book.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Records of crimes: References to inquiries, such as criminal history, investigation reports (reports attached to personal identification and acceptance status), investigation reports (reports attached to the same criminal record and court rulings of the suspect);

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

1. Articles 332 and 330 of the Criminal Act concerning the facts constituting the crime;

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

1. The scope of applicable sentences under law: Imprisonment for one month to thirty years; and

2. The Defendant who was sentenced to criminal punishment has a lot of history of larceny crime, and the liability for the crime of this case is not easy during the period of repeated crime for the same kind of crime.

At night, the crime of theft was committed by intrusion upon residence, and the risk is not small, and the damage of the victim was not completely recovered.

However, the amount of damage caused by the instant crime is not significant.

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