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(영문) 대구지방법원 2015.10.16 2015고단3940
상습절도
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

[Criminal Power] On July 25, 2007, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daegu District Court on July 25, 2007 and seven times the same criminal records.

【Criminal Facts】

1. At around 01:00 on May 19, 2015, the Defendant: (a) destroyed the glass window of driving seat by using a fluoral tool in the Emina car parkeded by the victim D in the street in the front of Busan City, the Defendant stolen the total amount of KRW 10,000 in cash owned by the victim (fluor).

2. At around 01:15 on the above day, the Defendant: (a) destroyed the driver’s seat glass by the foregoing method on the I Stwit vehicle parked by the victim H in G Mart located adjacent to G Mart in Busan City F; (b) destroyed the driver’s seat glass by the foregoing method; and (c) destroyed the victim’s cash (f) worth KRW 20,000 in total and KRW 3.50,000 in market price on the vehicle.

3. The Defendant, at the same time and place as described in paragraph 2, destroyed the right-hand glass window by the above method and stolen the total amount of KRW 10,000,000 in cash owned by the victim on the vehicle.

Accordingly, the Defendant habitually stolen property worth KRW 390,000,000 in total, over three times.

Summary of Evidence

1. Statement of each police suspect interrogation protocol against the accused;

1. Each statement, each report on internal investigation (related to internal investigation of shots L), each report on internal investigation (related to reporting persons M and N) and each report on investigation (related to internal investigation)

1. Records before judgment: Criminal records;

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

1. Articles 332 and 329 of the Criminal Act, comprehensively including relevant Articles of the Criminal Act and the choice of punishment;

1. Article 62 (1) of the Criminal Act (The following factors of sentencing shall be taken into account):

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation.

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