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(영문) 수원지방법원 안산지원 2015.06.11 2015고단533
상습절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 7, 200, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment for special larceny at the Seoul East District Court on October 24, 200, eight months of imprisonment for special larceny at the Daejeon District Court on March 20, 200, six months of imprisonment for larceny at the Daejeon District Court Seosan Branch on March 20, 200, one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seocheon District Court Seosan Branch on June 11, 2004, and three years of a suspended sentence of one year and six months of imprisonment for the same crime at the Changwon District Court Msan Branch on June 30, 201.

On October 1, 2014, the Defendant: (a) around 01:00, at the early 01:00, kept the date date D in front of the building of the C-factory in S-si, which was owned by the victim D; and (b) taken up KRW 100,000,000,000 of cash in the attached list from around 0:0 to January 21, 2015, the Defendant got out of total of 11,000,000 won of cash of the victims by the same method as shown in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to E, D, F, and G;

1. A statement prepared by H;

1. Previous records of judgment: Criminal records, investigation reports, and descriptions of judgment;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned manner;

1. Article 332, 329, and 342 of the Criminal Act related to criminal facts and Articles 332, 329, and 342 of the Criminal Act that can be applied directly to the sentencing guidelines set by the Sentencing Committee for the reasons of sentencing choice of imprisonment, and the sentencing guidelines shall not be applied. However, some of the sentencing factors and advisory sentences set out in the sentencing guidelines should be taken into account. The defendant has the same record of committing larceny over several occasions in the same way as the instant crime, and the defendant has been sentenced three times thereafter.

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