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(영문) 서울동부지방법원 2016.04.14 2016고단507

상습절도등

Text

A defendant shall be punished by imprisonment for four months.

Seized coffee 34 (Evidence 3), knife knife knife knife knife knife knife d.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to imprisonment with labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Eastern District Court on March 18, 2014, and on July 25, 2015, was completed in the original prison on July 25, 2015, and was nine times the record of the crime of larceny.

[Criminal facts]

1. A defendant who habitually steals;

A. On January 15, 2016, between around 13:00 and around 14:00, at the island room in Songpa-gu Seoul Metropolitan City D parking lot located in Songpa-gu, the victim E, who is the environmental element of the said parking lot, sets up a cell phone with 500,000 won of the market price owned by the said victim, where the sticking of a book room is above the above victim E, during cleaning;

(b) around 03:00 on February 2, 2016, with 40 cryp coffees owned by the injured party on the name of the new construction site of Songpa-gu Seoul Metropolitan Government, Songpa-gu;

C. Around 03:00 on February 18, 2016, around 03:0, the victim-owned G, who was set up in front of the Songpa-gu Seoul F Housing, was stolen with only one bicycle amounting to KRW 300,000,000 at the victim-owned market price.

2. On January 2015, the Defendant embezzled: (a) he did not take necessary procedures, such as returning to the victim, even though he/she found out of possession one knife and one knife, which was lost by the person who was injured on his/her name at the events of the Park Park in Songpa-gu, Songpa-gu, Seoul; and (b) he/she embezzled as he/she thought he/she had.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written statement of G and E;

1. Police seizure records;

1. Previous convictions: References to inquiries, such as inquiries about criminal history, investigation reports (Attachment of criminal records and written judgments of the suspect);

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 repeated crimes of the same kind in the judgment;

1. Articles 332, 329, and 360 (1) (a point of habitual larceny) and 360 (1) (a point of embezzlement of deserted articles in possession) of the Criminal Act related to the crime, and selection of a new type of punishment for the crime;

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

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;