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(영문) 제주지방법원 2015.04.09 2015고단314
상습야간건조물침입절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Attachment and Habituality] On November 26, 2007, the Defendant was sentenced to the suspension of indictment for larceny at the Jeju District Public Prosecutor's Office on January 25, 2008, and was sent to the Juvenile Department at the same Public Prosecutor's Office on December 25, 2010, respectively. On February 19, 2013, the Jeju District Court issued a summary order of KRW 1 million for larceny, etc., and issued a summary order of KRW 5 million for attempted larceny at the same court on January 8, 2015, respectively.

【Criminal Facts】

The Defendant habitually, from February 17, 2015 to March 5, 2015, the Dorona in Jeju City from around 19:30 to 20:00, and the victim E (the age of 61) went into the fourth male room after leaving the victim’s key by means of the gap in which the key management was neglected, and after leaving the victim’s seat, he was 4.20,00 won in cash and stolen it. From that point to March 5, 2015, the Defendant attempted to steal or steals the other’s cash amount of 640,000 won in total at six times in the same manner as the list of crimes in attached Form 3 from that point to March 5, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, F (44), G, H (60), I, and J;

1. Each photograph;

1. Investigation report (verification at night at the time of committing an offense);

1. Previous convictions indicated in judgment: Criminal records, investigation reports (not before a disposition and a report on results of confirmation), investigation reports (Attachment of a copy of a summary order), and investigation reports (criminal records, including the transmission of the Juvenile Department, etc.);

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 fact that the same kind of crimes are repeated several times in a planned and organized manner in the judgment;

1. Relevant legal provisions concerning criminal facts: It shall be decided as per Disposition for the reasons under Articles 332 and 330 of the Criminal Act;

General habitual and repeated larceny basic area of sentencing: two years - four-year normal circumstances: damage (three times among the six times) and no criminal records of the suspension of execution or more, and defense counsel's remaining after April 8, 2014.

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