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(영문) 광주지방법원 2016.03.10 2016고단40
상습특수절도
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant had been able to steals money and valuables by intrusion on the commercial buildings with poor human resources and CCTV and other crime prevention facilities.

On October 14, 2014, at around 03:00, the Defendant: (a) placed a dracker prepared in advance to the “E laund” operated by the victim D in Gwangju Mine-gu; (b) destroyed the locking system by inserting the dracker; and (c) invaded into the said laundry, with a cash of KRW 10,000, which was owned by the victim and was in his/her safe location; and (d) stolen and stolen money and valuables worth KRW 5,876,000, total market price from December 3, 2015 until December 3, 2015, the Defendant attempted to steal or steal money and valuables worth KRW 5,876,000,000, total market price of 49 times, as indicated in the list of crimes.

Accordingly, the defendant habitually destroyed a part of a structure and intruded on a structure at night, thereby cutting down another's property or attempted to steals another's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement;

1. Police seizure records and list of seizure;

1. Photographss of each site and CCTV, and photographs of seized articles;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the following methods, frequency of crimes, and the fact that the same kind of crime has been committed in a planned and organized manner;

1. Articles 332, 331 (1) and 342 of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the frequency of the instant crime has reached 49 times, and that the victim committed a theft by intrusion on a structure at night using tools and implements, and that the victims have not recovered from damage, thereby seeking the punishment of the Defendant, etc., it is recognized that the need for strict punishment is recognized.

However, in 190 and 1992, there is no criminal record exceeding the same kind of juvenile protective disposition and fine in addition to juvenile protective disposition due to each special larceny, and the amount of the theft of this case.

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