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(영문) 대전지방법원 천안지원 2017.04.28 2017고단135
상습절도
Text

The punishment of the accused shall be determined by a year of imprisonment.

Seized two Gazys (No. 9) shall be confiscated.

Reasons

Punishment of the crime

On September 7, 2007, the Defendant was sentenced to imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seosan Branch of the Daejeon District Court on September 7, 2007 and three times of criminal records.

At around 02:42 on November 12, 2016, the Defendant: (a) opened a door after the locking device was removed; (b) took one bluon earphone in the vehicle located in the vehicle; and (c) attempted to habitually cut or steals property worth KRW 4570,00 in total from around 12 times until January 3, 2017, as indicated in the list of crimes in the separate sheet of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Photographs, Cheongju CCTV image data, and investigation report (Attachment/Attachment of photographs/Attachment of ctv photographs to agricultural cooperatives and main ctv photographs/proof CCTV photographs) without video recording;

1. A protocol of seizure and a list of seizure;

1. References to inquiries, such as criminal history, investigation reports (Attachment to a copy of the judgment);

1. Habituality of judgment: Application of Acts and subordinate statutes to which dampness is recognized in view of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Articles 332, 329, and 342 of the Criminal Act, and the choice of imprisonment, inclusive, with respect to the facts constituting an offense;

1. The grounds for sentencing under Article 48(1)1 of the Confiscation Criminal Act include the type and frequency of the instant crime, the intent of victims to punish the victims, the criminal records of the Defendant’s criminal punishment, the fact that a part of the damage has been recovered, and other circumstances shown in the instant trial, including the Defendant’s age, sexual conduct, environment, and the process of the instant crime, and the sentence as ordered, shall be determined by comprehensively taking into account the following circumstances.

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