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(영문) 서울동부지방법원 2015.10.08 2015고단2016

상습절도

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 17, 2013, the Defendant was sentenced to 1 year and 6 months of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and 2 years of suspended sentence, and was sentenced to juvenile protective disposition on three occasions due to special larceny.

On June 22, 2015, around 22:00, the Defendant: (a) opened a second floor window operated by the victim D in Seongdong-gu Seoul, Seongdong-gu, Seoul; (b) infringed on the said restaurant, with cash of KRW 50,000 owned by the victim in the damage from the said date and time to July 11, 2015; and (c) infringed on a structure, such as door door, etc., at night, or intrudes on a structure at night, or intrudes on a structure at night, and attempted to steals or steals money and valuables in total of KRW 1,792,00,000 owned by the victims during the said 12 times.

Accordingly, the defendant habitually stolen or attempted to steals another's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F (No. 10 in the list of annexed crimes; hereinafter the same purport shall apply), G (4), H (2), I (5), J (7), K (6 and 12), L (3), M (8), N (9),O (11), and D (1);

1. Reports on each occurrence of a theft;

1. Records of seizure and the list of seizure;

1. Each sunset table;

1. Each report on investigation;

1. Each photograph (the scene of damage, crime tools, CCTV photographs, etc.);

1. Previous convictions in judgment: Criminal records and investigation reports (Attachment of judgment);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the continuous and repeated crimes of the same kind in a short period of time in the judgment;

1. Relevant Articles 32, 331 (1), 330, 329, and 342 of the Criminal Act concerning facts constituting an offense (generally applicable, and points of habitual larceny of a structure at night);

1. The confession under Article 62(1) of the Criminal Act, the attitude against which the suspension of execution is made;