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(영문) 대구지방법원 김천지원 2015.06.04 2015고단275
상습절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 13, 2009, the Defendant was sentenced to one year of imprisonment with prison labor for night intrusion larceny in the Gwangju District Court's Southern Branch on August 13, 2009, and on October 28, 2009, the Daejeon District Court sentenced three years of imprisonment with prison labor for violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the Daejeon District Court on September 3, 2013 and completed the execution of the final sentence in the Gwangju Prison on September 3, 2013, and was sentenced to eight times of punishment for larceny (six times of punishment, one time of probation,

On September 17, 2014, around 09:40 on September 17, 2014, the Defendant, at the victim D's house located in Si, Si, Si, Gu, and the Defendant attempted to drive the ship, and the victim got 546,00 won in cash, which is 546,00 won for the victim's possession, which was put in the wall bed by crebing the ship and then put in the wall bed.

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigative reports, reports on the occurrence of a loss, and reports on the investigation (related to hearing statements of victims);

1. Previous records: Criminal records, inquiry reports, results of prisoners' search, and investigation reports (Attachment to the same type of electric records);

1. Habituality of the holding: Application of the damp-style Acts and subordinate statutes in light of the defendant's police statement, etc. that there is a wall to look at the remaining money of each crime history, the time of final release from the military court, and the defendant's appeal;

1. Relevant Articles 332 and 329 of the Criminal Act concerning criminal facts, the choice of imprisonment

1. Taking into account the fact that the repeated crime committed during the period of repeated crime due to the same kind of crime in the sentencing reason under Article 35 of the Criminal Act is a repeated crime, that is, the crime committed during the period of repeated crime due to the belief of the defendant and the victim, that the nasium who introduced the defendant to the victim, and that the distribution of the defendant reliance on the victim's trust and reliance on the defendant, and that there is no measure for recovery from damage. In light of the previous criminal law, the amount of damage was not so significant, and the previous criminal law, etc., it appears that the wall reported the wall and the wall were committed by the contingent crime committed by the victim, that there is an obstacle to the security room and health condition, and that the confession and depth

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