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(영문) 대구지방법원 2016.01.07 2015고단4870
상습특수절도
Text

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

Reasons

Punishment of the crime

On April 20, 2006, the Defendant was sentenced to six years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan High Court.

On February 18, 2015, the Defendant: (a) opened a window that has not been corrected in the body of the victim D, at around 23:00, around 23:00, the Defendant: (b) opened a chip in the house of the victim D, which was located in the inner bank and was in the inner bank of the chip; and (c) cut 200,000 won in cash in the inner bank.

They have been in possession.

From August 2, 2015 to August 03:00, the Defendant had money and valuables equivalent to KRW 4750,000,000, total market price of the victims, by the same method five times, as shown in attached Table 1, 2, 5-7.

Accordingly, the defendant habitually destroyed a part of a structure and intruded into a residence at night, thereby thefting the victim's property or infringing upon the victim's residence at night.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Each written statement of D, G, H and I;

1. Previous convictions in judgment: A replys to inquiries, such as criminal history, and reports on investigation (the criminal records A of the suspect);

1. Habituality of the judgment: Habituality is recognized in light of the records of the crime, the number of crimes, the frequency of crimes, and the continuous and repeated crimes of the same kind in the judgment. The application of statutes shall apply;

1. The grounds for sentencing under Articles 332, 331(1) and 330 of the Criminal Act regarding criminal facts are not set and applied without applying them. [Judgment of sentencing] The fact that the defendant was sentenced to six years of imprisonment with prison labor for the same kind of crime and was released on August 25, 2011, and then again intruded into a structure or residence at night for five times again, thereby theft of precious metals and cash, five victims have occurred due to the defendant's crime, and the amount of damage was totaled to KRW 4.75 million, and the defendant has a high risk of re-offending due to a theft.

The defendant's mistake is divided and reflected.

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