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(영문) 의정부지방법원 2016.11.25 2016고단4556
상습특수절도
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On August 3, 2009, the Defendant was sentenced to a suspended sentence of one year for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Suwon District Court, and on July 7, 2010, the Defendant was sentenced to imprisonment with prison labor for the same crime and on July 15, 2010, which became final and conclusive on July 15, 2010, and the said suspended sentence was invalidated, and on July 16, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for night intrusion and larceny, etc. at the same court, and completed the execution of the final sentence on April 7, 2016.

【Criminal Facts】

The Defendant, from around 22:26 on October 11, 2016 to around 0:54, at the “E” restaurant operated by the victim D in Gyeonggi-gun C, from around 22:0 to around 0:54 on December 12, 2016, opened a door by sunrise and opened a window by hand, and opened a window by hand, opened a window, and opened a safe in a knife, and opened a safe in a knife, but was attempted on the wind without money inside the safe.

From that time to October 18, 2016, the Defendant habitually stolen approximately KRW 1,110,000 in total by the same method over 11 times, such as the list of crimes in the annexed sheet, between 03:45 and 03:00.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, F, G, H, I, J, K, L, M, N, andO;

1. A report on investigation (the sequence 6,9,13,18,27 of the evidence list);

1. Records before and after judgment: Criminal records, etc., inquiry reports, investigation reports (Search of persons subject to investigation of a suspect and search of prisoners), and results of search of prisoners;

1. Habituality of judgment: Application of Acts and subordinate statutes to which dampness is recognized, 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 in a planned manner;

1. Relevant Articles 332, 331 (1), 330, and 342 of the Criminal Act concerning facts constituting an offense (including the facts that habitual special larceny and habitual special larceny are attempted, inclusive);

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of recommendations on the sentencing criteria: Imprisonment for two and nine years (the scope of recommendations) from three to nine years (the scope of recommendations) for general property;

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