beta
(영문) 춘천지방법원 2016.08.10 2016고단640

상습절도

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On January 29, 2009, the Defendant was sentenced to a fine of KRW 300,000 as an attempted larceny at the Seoul Southern District Court; on October 20, 2009, the Incheon District Court issued a summary order of KRW 500,000 as an attempted larceny; on September 18, 2009, the Defendant was sentenced to a suspended sentence of two years for one year and six months; on April 2, 2013, to one year and six months for the same offense; on February 12, 2015, the Defendant was sentenced to imprisonment for six months with prison labor for habitual larceny; on August 12, 2015, the execution of the sentence was completed at the Incheon District Court, which was sentenced to a fine of KRW 500,000,000,000,000,000,000 won, which was sentenced to a summary order of the said court.

[Criminal facts]

1. On June 3, 2016, the Defendant: (a) opened a door of the victim D’s Eststren motor vehicle at the street in front of Chuncheon on June 3, 2016; and (b) removed KRW 56,000 in cash owned by the victim at the contact heading.

In addition, as the number Nos. 1 through 3 of the list of crimes in attached Form 2, the cash amounting to KRW 86,000 has been extended three times from around that time to June 21, 2016.

2. On June 21, 2016, the Defendant: (a) opened a front door of the victim HH’s I X-ray car class and attempted to steal cash, etc. in the vehicle, which was parked therein; (b) and (c) did not have cash stored therein; (d) accordingly, the Defendant attempted to steals a vehicle parked four times from around the same day to around 03:50 on June 21, 2016, by opening a door of the vehicle parked in his/her custody, and attempted to steal cash, etc. in his/her custody, but was attempted.

Accordingly, the defendant habitually stolen or attempted to steals the victims' property at least seven times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement in the preparation of J, K, H, L, D, M, N, andO;

1. Protocol and list of seizure;

1. A report on the results of field identification;

1. Previous convictions: inquiries about criminal history, text of judgment and judgment.