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(영문) 수원지방법원 여주지원 2017.03.22 2016고단1595

상습절도등

Text

A defendant shall be punished by imprisonment for a term of one year and ten months.

Reasons

Punishment of the crime

[Criminal record] On January 22, 2014, the Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court on January 22, 2014, and completed the execution of the sentence at the Seoul Southern District Court on June 9, 2015. On September 24, 2015, the Defendant was sentenced to one year of imprisonment with prison labor at the Seoul Southern District Court for larceny and completed the execution of the sentence on August 20, 2016.

[Criminal facts]

1. The Defendant habitually larceny at around 13:00 on November 13, 2016, the Defendant: (a) opened a locked door and intruded on the land wall that the victim was under custody in the west while opening the locked office at around 400,000 won in cash from the wall wall that the victim had been under custody in the west.

In addition, from September 5, 2016 to November 17, 2016, the Defendant habitually stolen the victims’ property amounting to KRW 3,129,000 in total on six occasions, as shown in the list of crimes in the attached Table (i.e., the victim F., No. 3 in the list of crimes). (ii) On September 2, 201, the Defendant intruded the victim’s property on two occasions, including the date and time described in the foregoing paragraph 1., and at the same place, the Defendant intruded into the structure managed by the victim D for the purpose of theft of property as described in the foregoing paragraph 1. (iii) from October 27, 2016 to the above day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, G, H, I, J, and K;

1. Report on occurrence of each case and report on investigation (the form of the suspect recorded in the damaged place, homehemmhem);

1. On-site photographs of damage scene, theft scene photographs, and on-site photographs of the Gyeong-gu police station in the Gyeong-gu;

1. Previous convictions: Application of criminal records and investigation reports (verification of the same criminal records as the suspect)-related Acts and subordinate statutes;

1. Relevant Article 332 of the Criminal Act, Articles 32 and 329 of the Criminal Act, the choice of punishment against the crime (including habitual larceny, inclusive) and Article 319 of the Criminal Act, Article 319 of the same Act, and the choice of imprisonment, respectively;

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

1. The aggravated Criminal Act for concurrent crimes.