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(영문) 춘천지방법원 원주지원 2016.03.29 2016고단113

상습절도

Text

A defendant shall be punished by imprisonment for one year.

No. 1, 4, 14, and 15 shall be forfeited from the accused.

Reasons

Punishment of the crime

On November 16, 2005, the Defendant was sentenced to a suspended sentence of one year and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the original branch of the Chuncheon District Court on November 16, 2005. On March 14, 2008, the same court was sentenced to imprisonment of one year and six months for the same crime, a short term of one year and one million won, and a fine of one hundred thousand won for the same crime. On October 19, 2012, the Defendant was sentenced to imprisonment of two years and six months for special larceny, etc. in the Youngcheon District Court’s territorial support and completed the execution of the sentence on March 6, 2015.

On February 7, 2016, the Defendant discovered the Epic vehicle owned by the victim D, which was parked on the road located in Gangwon-si, Gangwon-si, Gangwon-do. On February 7, 2016, the Defendant: (a) discovered the Gabbing vehicle owned by the victim D; and (b) laid the Gabing part of the Gabing vehicle into the said cargo entrance and loaded it onto the said cargo entrance; and (c) did not make it an attempted by the victim of Mabing with the intent that the said cargo return to the said cargo vehicle and the crime was dismissed.

In addition, from the early November 2015 to February 7, 2016, the Defendant attempted to steal or steal the victims’ property worth KRW 996,900 in total habitually over 10 times, such as the list of crimes, from the beginning of November 2015 to the beginning of February 7, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. Each protocol of seizure, each list of seizure, and each photograph of seized articles;

1. On-site photographs and investigation reports (attached to the scene photographs related to such cases);

1. Previous convictions: Inquiry into criminal history and investigation reports (Attachment of criminal records A by a suspect A, details of attachment of inquiry of criminal records, search of a suspect, and attachment of results of search of a suspect, habituality of a suspect, and reporting of data related to repeated crimes);

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 fact that the same kind of crime has been committed in a planned and organized manner;

1. Articles 332 and 329 of the Criminal Act applicable to the crimes;

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

1. Confiscation Article 48 of the Criminal Act.