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(영문) 서울서부지방법원 2017.01.11 2016고단2529

상습절도

Text

A defendant shall be punished by imprisonment for one year.

Seized Nos. 5 [Co. (name of a product: Samcheon-ri 700C straw)].

Reasons

Punishment of the crime

1. The Defendant was sentenced to three years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on November 23, 2007; on April 30, 2014, the Defendant was sentenced to one year of suspension of the execution of imprisonment with prison labor for larceny at the Seoul Western District Court on April 30, 2014; on July 16, 2015, the Defendant was sentenced to one year and six months of imprisonment with prison labor for habitual larceny at the Seoul Central District Court on July 16, 2015 and on December 5, 2015, and was sentenced to two times of the same criminal records.

2. Criminal facts;

A. On August 3, 2016, around 06:58, the Defendant: (a) committed a theft with approximately 35 km of the victim F-owned market price equivalent to KRW 300,000, which the food supplier delivers to the front of the restaurant, while passing ahead of the cafeteria “E” located in Mapo-gu Seoul Metropolitan Government D.

B. On August 1, 2016, around 23:17, 2016, the Defendant: (a) committed a theft with a tricheon bicycle equal to KRW 200,000, at the market price owned by the victim C, which was corrected by the victim C, around 10,00, 100, as Mapo-gu elevator located in Mapo-gu Seoul, Mapo-gu.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement G and C;

1. Protocols of each seizure and list of seized articles and photographs thereof;

1. A stolen bicycle photograph;

1. Investigation report (to hear statements from victims G);

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (the confirmation of the date of release of Defendant A);

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. Relevant Article of the Criminal Act and Articles 332 and 329 of the Criminal Act (generally, choice of imprisonment with prison labor);

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

1. The reason for sentencing under Article 333(1) of the Return Criminal Procedure Act is not only that the defendant has a history of criminal punishment, including the same kind of crime, but also that of repeated crime as stated in the judgment.