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(영문) 광주지방법원 목포지원 2016.05.27 2016고단149
절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[2] On August 25, 2006, the Defendant was sentenced to imprisonment with prison labor for four months with prison labor for larceny and one year and six months with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the same court on October 10, 207 at the same court on the same date on April 24, 2009; six months with prison labor for larceny; one year and six months with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daejeon District Court on December 22, 2009 at the Daejeon District Court on December 25, 2012; two years with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court Branch on September 25, 2012; and the execution of the sentence from the prison on September 24, 2015 after being sentenced to habitual larceny at the same court on September 24, 2015.

[Criminal facts]

1. On January 5, 2016, the Defendant: (a) committed the crime on January 5, 2016, on the frontway operated by the victim D, the victim D, who had been placed in the Southern-gun C prior to around 07:00 on January 5, 2016; and (b) stolen the victim, with one folding hole equivalent to the total market value of KRW 60,000, which the victim displayed for sale.

2. The Defendant committed the crime of February 17, 2016: (a) around 23:30 on February 17, 2016, committed the instant crime with three boxes, i.e., three boxes, by holding the victim G, operated by the victim G, located in the Southern-gunF, Southern-gun, Seoul-do; and (b) the victim’s market value he accumulated at the same place was 180,000,000 won.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of I and D;

1. Photographs related to theft;

1. Investigation report (to hear statements by victim I telephone);

1. Previous convictions in judgment: References to inquiries, such as criminal history (A), investigation reports (verification of suspect A and the date of release), investigation reports (suspect A and file of criminal records of the same kind);

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. Relevant Article of the Criminal Act and Articles 332 and 329 of the Criminal Act concerning the selection of criminal facts;

1. The Defendant’s reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is the instant crime.

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