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(영문) 수원지방법원 안산지원 2015.12.02 2015고단2934

상습절도

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal Justice] On August 31, 2010, the Defendant was subject to juvenile protective disposition by larceny, etc. at the headquarters of the competent District Prosecutors' Office located in Suwon District Prosecutors' Office, on May 31, 2012, and was subject to juvenile protective disposition by larceny, etc. at the headquarters of the competent District Prosecutors' Office located in Suwon District Prosecutors' Office. On December 30, 2013, the Defendant was sentenced to a fine of one million won for larceny, etc. at the Sungwon District Court’s Sungnam branch branch branch branch on December 30, 2013. On October 20, 2014, the Defendant was exempted from the execution of the sentence by special amnesty on August 15, 2015.

【Criminal Facts】

When the defendant lacks ability to make decisions due to intellectual disability, he habitually stolen the victims' property through the following two times.

1. At around 23:00 on October 5, 2015, the Defendant: (a) discovered a victim’s DNA vehicle with a height on the street in front of C when interesting at C, and then stolen the victim’s vehicle by allowing a substitute engineer to drive a studio parking lot near the military, which is located in the victim’s D, where the vehicle door is not corrected; and (b) thereby allowing the victim to drive the studio parking lot near the military.

2. On October 6, 2015, around 11:53, the Defendant: (a) opened a front door of the H truck owned by the victim G, which was parked without correcting the vehicle door in front of the F at Silung-si, and cut off with one of the two keys owned by the victim, who was displayed at the kisp, and opened into the kisp.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police officer's statement about D and G;

1. Police seizure records;

1. A damaged vehicle or seized object photograph;

1. Each investigation report (verification of CCTVs for crime prevention, submission of certificates of persons with disabilities and written statements);

1. Previous records: Criminal records and investigation reports (report on the expiration of the term of punishment and attachment of judgment);

1. Habituality of judgment: Application of the 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 crimes are repeated several times in a planned and organized manner in the judgment;

1. The corresponding provisions of the Criminal Act concerning criminal facts; and