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(영문) 청주지방법원 2017.03.23 2017고단267
상습절도
Text

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

Seized evidence 2 (such as fingers, etc.) shall be forfeited from the defendant.

Reasons

Punishment of the crime

On March 19, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for habitual larceny at the Cheongju District Court on March 19, 2015, and on February 9, 2016, in addition to the completion of the execution of the sentence at the Cheongju prison, the Defendant has six times more of the same force.

1. On 01:15 on 07, 201, the Defendant: (a) opened a door in which the Victim C was parked in the apartment underground parking lot located in the Cheongju-si, Cheongju-si, Cheongju-si, 11, and Masung-ro 4,000 won in cash, and opened a door in which the Victim C was not corrected at the victim C, which was parked in the apartment underground parking lot; (b) approximately 32,00 won in cash.

In other words, they stolen them.

2. On 27, 201, around 00:50 on 27, 201, the Defendant opened a door that was parked in the victim E’s underground parking lot located in the Nowon-gu, Seowon-si, Seowon-si, and the victim E, who was parked in the apartment lot located in the new apartment lot, and 370,000 won in cash, after entering the door and leaving the door.

In other words, they stolen them.

3. On January 31, 2017, the Defendant: (a) opened a door that was parked in an apartment parking lot located in the above apartment 00:38 on January 31, 2017; (b) opened a door that was not corrected by the victim G-owned; and (c) removed approximately KRW 400,000 in cash from a wall owned by the victim-owned by the victim, which was kept in the container shield.

In other words, they stolen them.

Accordingly, the Defendant habitually stolen the victims' property at least three times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each report on damage to E and G:

1. Police seizure records;

1. Efaging the victim of the crime;

1. Previous convictions: Inquiry into criminal history and investigation reports (verification of repeated crimes);

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 repeated crimes of the same kind in the judgment;

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

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

1. It appears that the reason for sentencing under Article 48(1)1 of the Criminal Act is against the mistake in sentencing, and the total amount of damage is not much high, but multiple times for the same crime.

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