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(영문) 대전지방법원 논산지원 2018.08.28 2018고단311
상습절도등
Text

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

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to imprisonment with prison labor for one year and six months and a fine of 200,000 won in the Gwangju District Court on November 28, 2003 due to a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

[2] On June 19, 2014, around 10:00, the Defendant intruded the victim D’s residence, which was not corrected, into the rear door of the residence, and stolen the victim’s cash amounting to KRW 4,833,00,00 from that time until May 19, 2018, as indicated in the separate crime list, the Defendant invadedd the victim’s residence over 31 times, and stolen the victim’s property worth KRW 71,138,70 in total habitually from that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, F, G, and H;

1. The place of each criminal;

1. Books, etc., which are cases of each case, art books, etc., art books, etc., which are cases of the Asan Police Station, art books, etc., which are cases of the official police station, art books, etc., which are cases of the Bocheon Police Station, and hand over of each budget and police station case, etc.;

1. The table, etc. of notification of each damage;

1. On-site reports, such as reports on results of field identification, and reports on field identification;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of crimes, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Relevant legal provisions of the Criminal Act and Articles 332, 329 (limited to habitual larceny and comprehensive) and 319 (1) of the Criminal Act concerning criminal facts, and the choice of imprisonment, respectively;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes [the scope of the recommended punishment] The crime of intrusion upon residence is not subject to the sentencing guidelines, and both are classified as “accident theft” in the sentencing guidelines, and thus, it does not constitute multiple crimes.

The mitigation area of the mitigation area (from August to January 6) for the theft against general property (special sentencing factors): In the case of habitual offenders (decision of sentencing) for all crimes after being detained by the defendant, the defendant recognized all crimes and voluntarily surrenders to the crimes.

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