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(영문) 수원지방법원 평택지원 2016.06.16 2016고단183
상습절도등
Text

A defendant shall be punished by imprisonment for four years.

Seized evidence Nos. 1, 2, 3 and 9 shall be forfeited from the accused.

Reasons

Punishment of the crime

[criminal history] On July 10, 2009, the Defendant was sentenced to two years and six months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daejeon District Court’s Branch, and on August 26, 2011, the Defendant was sentenced to three years of imprisonment for the same crime in the same court, and completed the execution of the sentence in the branch of the Hong Prison’s Western Branch on July 25, 2014.

[2] On January 24, 2016, around 16:34, the Defendant: (a) divided the first race into the victim D’s house located in Gyeonggi-si apartment C apartment 103 Dong 000, and confirmed the fact that there is no way in the house; (b) removed a small number of windows from the house by hand; and (c) brought about a 402,00 won of the market price of the victim’s possession in the house through the window, which was located in the said place, by using the same method from around that time to February 2, 2016, the Defendant carried 32,891,00 won in total over 13 times, as indicated in the list of crimes in the attached list of crimes.

Accordingly, the defendant invadedd the victims' residence and stolen the victims' property habitually.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of victims;

1. A report on internal investigation and an investigation report (verification of a user of a suspected motor vehicle);

1. The list of seizure, on-site photographs, and photographs of damaged articles;

1. Previous convictions: Inquiry into criminal history, sentence of judgment, and investigation report (attached to the current status of confinement of suspects);

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;

1. Relevant legal provisions concerning facts constituting an offense, Articles 332, 329 of the Criminal Act (Habitual larceny) and Article 319 of the Criminal Act (1) and the choice of imprisonment with prison labor, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendations] / [the scope of punishment] / The basic area (the ordinary habitual theft and repeated larceny) is the basic area (two to four years) of habitual and repeated larceny.

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