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(영문) 대구지방법원 포항지원 2016.06.16 2016고단443
상습절도
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[criminal history] On June 27, 2012, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny at the Changwon District Court’s Jinwon Branch Branch, and completed the execution of the sentence on November 29, 2012. On May 22, 2015, the Defendant was sentenced to one year and eight months of imprisonment with prison labor for habitual larceny from the Changwon District Court’s common branch office, and completed the execution of the sentence on August 13, 2015.

[2] From March 12, 2016 to April 22, 2016, the Defendant: (a) stated in the list of crimes as shown in the separate sheet of crimes, from November 1, 2015 to April 22, 2016, the victim’s “AL” of the crime No. 18 re-crimes No. 18 is apparent that the victim’s “AM” as stated in the crime No. 29 is a clerical error in the statement of “F” and “AM” of the victim’s crime No. 29 is a clerical error in the statement of “AD” and there is no particular problem in guaranteeing the Defendant’s right to defense.

Over 33 times, the total market value of 13,099,089 won was stolen.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against D, F, G, H, I, J, K, L, M, or N;

1. Each written statement of theO, P, Q, R, S, T, U,V, X, Y, Z, AAB, AC, AD, AE, AE, AF, AH, AI, AJ, and AK;

1. Each investigation report (related to attachment of photographs at a theft site; related to attachment of CCTV images; search of logs and CCTVs at the site; related to attachment of each suspect's photograph);

1. Previous convictions in judgment: Inquiry into criminal history data, current status of confinement/ depreciation, investigation report (a summary order and copy of the judgment attached to the same criminal record as the criminal suspect);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crime has been committed in a planned manner several times;

1. Articles 332 and 329 of the Criminal Act, and the choice of imprisonment, inclusive, with prison labor, under Article 332 of the Criminal Act;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the defendant acknowledges all the crimes, thereby against the mistake.

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