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(영문) 서울서부지방법원 2018.11.09 2018고단3331
상습절도
Text

A defendant shall be punished by imprisonment for three years.

The date of seizure (No. 19) shall be diversified from the accused.

Reasons

Punishment of the crime

[criminal history] On June 24, 2016, the Defendant was sentenced to imprisonment for habitual special larceny at the Seoul Northern District Court (Seoul Northern District Court) on two years and six months, and completed the execution of the sentence in Seoul Southern Prison on July 7, 2018.

[2] On August 1, 2018, around 19:42, the Defendant: (a) intruded the victim’s house in front of the victim’s house located in Yongsan-gu Seoul Metropolitan Government B apartment house 1; (b) stolen cash amounting to KRW 1 million in the victim’s house; (c) habitually intruded the victim’s house from around that time to September 12, 2018; and (d) stolen property worth KRW 1,833,00 in total by intrudeing the victim’s house 19 times in total as shown in the attached Table; and (c) attempted to steals property by intrusioning the victim’s house with 8 victims’ house, but was attempted to commit attempted to commit a theft.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement in C, D, E, F, G, H, I, J, K, L, M, M,O, P, Q, R, R, T, and U

1. A report on the results of field identification;

1. Previous convictions: Inquiries about criminal history and investigation reports (the application of Acts and subordinate statutes to criminal suspects and repeated crimes);

1. Selection of imprisonment, collectively, with respect to the facts constituting an offense under Articles 332, 329 (the points of habitual larceny), 342, 332, 329 (the points of habitual larceny) and 329 (the points of habitual larceny) of the Criminal Act;

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

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The sentencing criteria [Scope of Recommendations] The case of larceny for general property consisting of four types (one year and six years) (one year and six years) where special veterinary methods, implements or organizations are repeatedly committed (in the case of habitual offenders), the case of repeated crimes of the same kind that do not fall under the aggravation of specific crimes (a repeated crime) and habitual crimes;

2. The following facts are revealed: (a) the commission of the crime in which the sentence was determined; (b) the commission of the crime was prepared; (c) the commission of the crime was specialized; and (d) the commission of the larceny committed by intrusion upon residence; (d) the commission of the crime was dangerous; (b) the amount of damage is large; (c) the commission of the crime was large; (d) the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes,

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