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(영문) 대구지방법원 2015.08.13 2015고단2444
상습절도
Text

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

Reasons

Punishment of the crime

[Criminal Justice] On April 21, 2010, the Defendant was sentenced to a suspension of indictment on the condition of larceny, which was ordered by the Daegu District Prosecutors' Office to commission the probation office to larceny, and was sentenced to a disposition of larceny, etc. from the Daegu District Court on October 1, 2010. On July 12, 2012, the Defendant was sentenced to two years of imprisonment for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the Suwon District Court’s Ansan Branch Branch, and was released on March 28, 2014 during the execution of the sentence, and the parole period passed on May 3, 2014.

【Criminal Facts】

On April 8, 2015, at around 03:00, the Defendant entered the D main points located in Daegu-gu C, Daegu-gu, with one smartphone (belle) equivalent to KRW 300,000 in the market price owned by the victim E, which was located in the shock.

On May 15, 2015, the Defendant: (a) pretended to be a customer from H, operated by the victim G in Daegu-gu, Daegu-gu, to be a customer, and (b) took the victim’s 18k gold bars equivalent to KRW 1,500,000 in the market price owned by the victim; (c) 18k gold bars equivalent to KRW 18,50,000 in the market price of the victim’s 150,000,000 in total, KRW 18k gold bars equivalent to KRW 1,50,000 in the market price, including 10,000,000 in total; and (d) 3 gold bars were stolen.

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and E;

1. Records of seizure and the list of seizure;

1. Investigation report (related to market price assessment of damaged goods);

1. Previous convictions indicated in judgment: Criminal records, previous records of disposition and report on results of confirmation, and current status of personal identification and confinement;

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. Relevant Article 332 of the Criminal Act and Articles 32 and 329 of the Criminal Act for the selection of criminal facts;

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