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(영문) 춘천지방법원 2015.11.03 2015고단901
상습절도
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On August 21, 2014, the Defendant was sentenced to ten months of imprisonment with prison labor for habitual larceny at a member of the Suwon District Court’s horizontal Housing Site, and the said judgment became final and conclusive on August 14, 2015, and was provisionally released on August 14, 2015 during the execution of the sentence. On April 9, 2013, the Defendant was sentenced to a suspended sentence (six months of imprisonment with prison labor) as a special attempted larceny in the Daejeon District Court’s Incheon District Court’s Branch Branch on April 9, 2013. On the same court on November 29, 2012, the Defendant was subject to a suspended sentence (six months of imprisonment with prison labor) for a fine of five hundred thousand won as a larceny; and on March 9, 2012, a person who had multiple same kind of records, such as having been sentenced to a fine of one million won as a crime

【Criminal Facts】

On September 3, 2015, at around 11:30 on September 3, 2015, the Defendant cut off the mTV 1 locks in an amount equivalent to 600,000 won at the victim D’s market price owned by the Defendant, which was set up in the STV 3-4, 3-4, 5, and cut off, cut, and stolen, with the above bicycle, from around the same month.

6. From 11:30 to 11:40, the victim’s property was stolen in total at least 4.72 billion won in a total of six times habitually, such as the list of crimes committed in the annexed sheet.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, E, F, G, H, and I;

1. Previous convictions in judgment: A criminal investigation report (report attached to the same type of judgment) and the current status of personal identification and confinement;

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 same kind of crimes committed several times within a short time;

1. The grounds for sentencing the sentence of imprisonment with prison labor under Article 332 and Article 329 of the Criminal Act, including the relevant criminal facts, are the same kind of crime during the period of parole by the Ministry of Probation, and the defendant commits a theft of another person's property repeatedly over a short period of time, which is not good in light of the methods and frequency of such crimes.

On the other hand, the defendant has been receiving long-term medical treatment due to intellectual disability 3rd, serious behavioral disorder, and the defendant was living together with her life.

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