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(영문) 서울남부지방법원 2017.07.19 2017고단1241

상습절도

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 23, 2014, the Defendant was sentenced to a suspended sentence of six months for an attempt to larceny at night at the Seoul Central District Court (hereinafter “Seoul Central District Court”) and was sentenced to a suspended sentence of two years on December 31, 2014, and the judgment became final and conclusive on December 31, 2014, stolen the victims’ property habitually over three occasions as follows:

1. On July 2016, the Defendant: (a) went in front of the residence of the victim D (Woo, 42 years old) located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul; and (b) went in front of the residence of the victim D (Woo) and stolen the market price of the victim’s possession, which was first placed in the building belt, with an unofficial test color 1.

2. On July 10, 2016, from around 13:00 to 14:00, the Defendant: (a) opened the alley of three places in Guro-gu Seoul, F and Geumcheon-gu Seoul Metropolitan Government G G G in a string door; (b) cut off the oral two points; and (c) cut off the number of female clothing 19 points, such as the clothes for women and panty, at the dried stand, which was continuously placed on the street, by gathering 19 points for female clothing, such as clothes and panty, from around 13:0 to around 14:00.

3. On July 10, 2016, around 20:27, the Defendant intruded with the victim’s residence of Yangcheon-gu Seoul Metropolitan Government 2nd floor C, beyond the victim’s residence D, and placed 10,000 won of the victim’s market value, which was rapidly opened in the dry belt, into the bank, and stolen the 1 set of the 1st female cos for women equivalent to 70,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each list of seizure;

1. Investigation report (verification of the suspect's moving line), guidance on the moving line, and on-site photographs;

1. Previous convictions in judgment: References to inquiries (A) and judgments;

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the previous conviction, the number of crimes, the frequency of crimes, etc.;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation, and community service order under Article 62-2 of the Criminal Act;

1. In light of the fact that a person repeats the offense during the period of suspension of the sentence of Article 333(1) of the Return Criminal Procedure Act, it should be taken into consideration that the person who committed the offense is punished with severe punishment, but it is due to mental problems.