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(영문) 대전지방법원 2016.01.27 2015고단4271 (1)
상습절도등
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence 1 through 8 shall be confiscated, respectively.

Seized evidence Nos. 9,10, 10.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to three years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Suwon Franchising Board on January 7, 2013 and completed the execution of the sentence in Ansan prison on August 25, 2015, and was sentenced to six times of the same criminal records.

[2] On November 6, 2015, at around 12:58 to 13:24, the Defendant: (a) invaded into the house through the window of a living room that was not locked by the Defendant’s think of theft of property; and (b) collected 5,000 won in cash in the possession of the victim within theus located in the living room.

In addition, from that time until December 4 of the same year, in order to habitually steals the property throughout 18 times in total, from that time, such as the list of crimes in the annexed sheet, the property was invaded upon another person’s residence, and the property was stolen over 17 times in total or attempted, such as the remaining statement except No. 12 of the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Police seizure records and list of seizure;

1. Each statement of F, D, G, H, I, J, K, L, M, N,O, P, Q, R, and S;

1. A report on damage;

1. Each photograph;

1. Previous convictions in judgment: A reply to inquiry, investigation report (report on the binding of decisions with respect to the same type of crime), personal identification and acceptance status;

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 same kind of crimes committed several times in a short time;

1. Relevant Articles 332, 329 (Habitual larceny) and 319 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Circumstances favorable to the reasons for sentencing under Article 333(1) of the Return Criminal Procedure Act: The defendant is able to repent in depth of the crime, and all of the crimes in this case shall be led.

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