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(영문) 서울북부지방법원 2016.06.24 2016재고합20

상습절도

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[2] On March 22, 2004, the Defendant was sentenced to imprisonment of one year and six months with prison labor for a crime of violation of the Act on the Aggravated Punishment of Specific Crimes at the Chuncheon District Court on August 24, 2006; two years of imprisonment with prison labor for the same crime at the Chuncheon District Court on August 24, 2006; one year and six months of imprisonment with prison labor for the same crime at the Seoul Northern District Court on February 26, 2010; and one year and six months of August 25, 201 at the Seoul Northern District Court on August 25, 201; and the execution of the sentence was terminated on January 15, 2013.

[2] On August 6, 2013, at around 17:30 on August 6, 2013, the Defendant accessed the gap in which the victim C neglected due to the confluence of the passengers who were mixed with the victim C in the bus No. 153, which is operating a three-distance path in front of the U.S. children located in Gangnam-gu Seoul Metropolitan Government.

The Defendant, in putting the handbags in the victim’s Handbags, 10,000 won check, 4 10,000 won check, 10,000 won check, 10,000 won check, 15,000 won check issued by the Industrial Bank of Korea, and 12 copies of cash 1,50,000 won check, etc., all of which consisting of 4,50,000 won in the market value of the new bank, which is the victim’s possession.

They go back.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of damage suffered by the victim C;

1. Each investigation report (application for a warrant of seizure and specification of the suspect);

1. Previous conviction: A reply to inquiry, such as criminal history, results of search by prisoners, and investigation report (the same criminal record and confirmation of the suspect);

1. Habitualness of the judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the following facts: The past records of each crime in the judgment and the criminal records of the same kind, which have not yet passed after the completion of the execution of the sentence; and

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

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. The scope of punishment by law: Imprisonment for not less than one month but not more than 18 years;

2. The Criminal Code applies to the sentencing criteria.