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1. The defendant shall be punished by imprisonment with prison labor for one and half years;
2. Articles 3, 4, 5, 8, 9, 11 through 3.
Reasons
Punishment of the crime
Defendant
On December 23, 2013, A was sentenced to imprisonment with prison labor for larceny in the Daejeon District Court on December 23, 2013 and completed the execution of the sentence in the public prison on August 3, 2014.
[2015 Highest 1841] A prosecutor was indicted for habitual larceny on November 11, 2015 on the criminal facts in the 1841 Highest 1841 Highest 2015 Highest 2015. On April 26, 2016, a part of the criminal facts in the 643 Highest 2016 Highest 2016 was prosecuted for habitual larceny, and each of the above cases was combined.
In doing so, each of the above criminal facts is deemed to constitute a single comprehensive crime of habitual larceny; the part prosecuted lastly is the substance adding habitual larceny criminal facts which were prosecuted last; even if there is no amendment to indictment, each of the above criminal facts can be punished as a single comprehensive crime; therefore, the criminal facts of habitual larceny among the 643 Highest 643 cases constitute a part of the criminal facts constituting habitual larceny of the 2015 Highest 1841 case.
The Defendant habitually stolen the property owned by the victims as follows.
① From around 18:00 on September 24, 2015 to 06:30 on the 25th day of the same month, the victim G was at the construction site of the E living zone and F’s detached house located in Sejong City, and the victim G was at the construction site of the “E living zone and F’s detached house,” approximately KRW 8.40,000 won of the market price where the victim G was in custody at that site, and was stolen by being loaded into the H Costex 1 and prepared in advance.
In addition, the Defendant stolen the victims’ property owned by the total market price of at least 6,560,000 won over four occasions, as stated in the list Nos. 2 through 5 of annexed crimes, from that to October 26, 2015.
② On September 18, 2015, the Defendant is driving in the K operated by the Victim J in Jacheon-gun, Jacheon-gun, Jacheon-gun on September 18, 2015, while working as a security guard belonging to L guard, while driving in the K Mpl 20 Bambs without permission of the injured party, and driving again to the said K at around 04:30 on the same day without permission of the injured party, and then driving again to the said K on the same day without permission of the injured party.