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(영문) 서울서부지방법원 2018.04.13 2018고단234

상습절도

Text

A defendant shall be punished by imprisonment for two years.

Seized evidence No. 5 shall be confiscated.

Reasons

Punishment of the crime

[Criminal record] On June 23, 2017, the Defendant was sentenced to a suspended sentence of two years by the Seoul Northern District Court for habitual larceny, and the judgment became final and conclusive on July 1, 2017, and is currently under the suspended sentence.

[2] On December 30, 2017, between 16:00 and 17:00, the Defendant: (a) opened a door closed by using a earphone line and intruded into it; (b) opened a CCTV with the victim E-owned cash amounting to KRW 200,000 and KRW 244,700, from that time, from that time to January 10, 2018; and (c) cut off with the victim E-owned cash amounting to KRW 15,028,60, total assets owned by the victims for 16 times in total, as indicated in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement in E, G, H, I, J, K, L, M, N,O, P, Q, R, T, T, or U;

1. Previous convictions: Inquiry into criminal records and investigation reports (reports attached to the same criminal records and written judgments of the suspect);

1. Habituality of the judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the records of the crime as indicated in the judgment and the records of the punishment imposed for any other similar crime, the method and frequency of the crime, and the fact that the same kind of crime has been systematically repeated;

1. Relevant Articles 332, 329, and 330 of the Criminal Act concerning the facts constituting an offense. (General Provisions)

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Where the person repeatedly commits an offense using any specific method, tool or organization (in the case of habitual offenders), or commits any identical repeated crime not falling under the aggravated punishment for specific crimes, or habitual offender, in the area of special aggravated punishment (one year to six years) for general property (one year and six years), according to the sentencing guidelines;

2. The method of recidivism and crime committed two times with the same criminal history as the sentencing grounds, and the period of short-term or suspended execution after release.