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(영문) 춘천지방법원 원주지원 2019.11.28 2019고단1078
상습절도
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On November 5, 2015, the Defendant was sentenced to three years of imprisonment with prison labor for habitual special larceny in the Cheongju District Court Decision 2015, and on April 9, 2019, the Defendant was sentenced to one year and four years of suspension of execution with prison labor for special larceny in the Daegu District Court Kimcheon Branch of Seoul District Court.

On August 30, 2019, around 03:42, the Defendant: (a) opened a window in front of the victim B’s operation, which was located in 13th day of the prime city of the prime city; (b) opened a window behind the building; and intruded into it; and (c) stolen KRW 70,000 in cash, which was kept in custody, from that time until October 8, 2019, the Defendant habitually stolen KRW 2,413,500 in total over 12 times, as indicated in the list of crimes in the separate list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

1. Each protocol of seizure and the list of seizure;

1. Report on occurrence of larceny;

1. On-site photographs, seized objects photographs, CCTV caps, photographs related to the verification of "O", and photographs related to on-site verification;

1. Each investigation report (No. 21, 37, 38, 40 No. 50 of the evidence list);

1. Each report on internal investigation (No. 19,20,24,27 No. 19,27 of the evidence list);

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 repeated crimes of the same kind in the judgment;

1. Grounds for sentencing choice of imprisonment with prison labor, comprehensively, by relevant Article of the Criminal Act and Articles 332, 330, and 329 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one month to fifteen years;

2. Scope of recommending punishment according to the sentencing guidelines [decision of types] thief (type 4] thief [special salvists] thief (special salvists): In cases of habitual offenders, [the area of recommending punishment and the scope of recommending punishment] increased area, one year and six months through four years.

3. Determination of sentence: In addition to the sentencing factors as seen earlier, considering the fact that the amount of damage caused by the theft of this case is relatively small, and the fact that the victim F and H agree with the victim, it is more favorable.

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