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(영문) 광주지방법원 2019.05.24 2019고단1113
상습절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On October 11, 2018, the Defendant was issued a summary order of KRW 3 million by the Gwangju District Court on the grounds of larceny and intrusion upon a structure.

【Criminal Facts】

At around 01:40 on March 21, 2019, the Defendant invadedd the locking device of the Raberrogate in front of the Victim C’s Operation in Gwangju North-gu, Gwangju-gu, with a total of KRW 12,500 won in cash and KRW 256,00 in total, and with a total of KRW 256,00 in rice, KRW 30, 30, 1, 1, and 4, etc., from around October 11, 2017 to March 21, 2019, the Defendant habitually stolen goods of KRW 3,091,00 in total market value over 11 times in total, as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of C, E, F, G, H, I, J, K, L, and M;

1. Records of seizure and the list of seizure;

1. Seized articles, photographs and photographs;

1. Before judgment: Criminal records and summary order;

1. Habituality of the judgment: Application of Acts and subordinate statutes to dampness is recognized in light of the criminal records in the judgment, the number of crimes in the instant case, the number of crimes, and the same kind of crimes committed several times in a short period;

1. Articles 332, 329, 330, and 331(1) of the Criminal Act regarding the relevant criminal facts [Inasmuch as the relevant criminal facts have habitually committed special larceny, night-time theft, and larceny, the statutory punishment is established only for the crime of habitual special larceny with the largest statutory penalty (see Supreme Court Decision 2016Do1385, Nov. 24, 2016)]

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. As the reasons for sentencing under Article 48(1) of the Criminal Act, the method, frequency, and period of the offense are deemed to be inappropriate and serious, a sentence shall be imposed.

The sentence is recognized as a crime, most of the damaged things are returned to the victim, and the favorable circumstances such as the occupation of living criminals are considered, and all of the sentencing conditions shown in the arguments, such as the defendant's age, character and conduct, family environment, motive and circumstance of the crime, and circumstances after the crime.

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