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(영문) 서울중앙지방법원 2016.08.17 2016고단3763

상습절도

Text

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

Reasons

Punishment of the crime

[criminal record] On January 20, 2016, the Defendant was sentenced to a suspended sentence of 8 months in Seoul Central District Court for larceny and currently pending trial in the appellate court. On October 26, 2004, the Defendant was sentenced to a suspended sentence of 1 year and 1 year and 6 months for attempted larceny in the same court on April 17, 2009.

[2] Criminal facts are habitually committed by the Defendant under the influence of changing things or lacking ability to make a decision due to a mental fissioning; around March 6, 2016, around 31 in the southwest-gu Seoul Metropolitan Government market, Seoul, the lower court approaches the victim’s behind the Defendant’s S, who is taking things, to the victim’s hand, thereby gaining cash from the victim’s hand room (120 U.S., 158,00 won, 158,00 won, 120 U.S., 4 credit cards, resident registration certificates, driving licenses, etc.

In other words, they stolen them.

Summary of Evidence

1. Statement by the defendant in court;

1. The S Statement;

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime and the method of crime;

1. Relevant Article 332 of the Criminal Act and Articles 332 and 329 of the Criminal Act and the choice of imprisonment for a crime;

1. In full view of the factors indicated in the trial process of the instant case, including the Defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, for the following reasons for sentencing under Articles 10(2) and 55(1)3 of the Criminal Act to mitigate mental and physical weakness, the sentence is determined as ordered.

A disadvantageous circumstances: The defendant has already been punished by imprisonment with prison labor, a suspended sentence of imprisonment with prison labor, and a fine on several occasions due to the same crime as the crime of this case, and the circumstances favorable to the defendant who committed the crime of this case without being aware of the fact that he was released after being sentenced to a two-year suspended sentence in August of imprisonment with prison labor after being sentenced to a two-year suspended sentence and was released from the appellate court after being sentenced to a suspended sentence: