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(영문) 서울북부지방법원 2016.03.24 2015고단4430
상습절도
Text

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

Reasons

Punishment of the crime

On May 22, 2000, the Defendant was sentenced to the suspension of indictment for special larceny at the Seoul Northern District Prosecutors' Office. On May 31, 2002, the Defendant was issued a summary order of KRW 3 million for larceny, etc. at the Seoul Northern District Court on April 2, 2007. On April 23, 2009, the Defendant was sentenced to a summary order of KRW 2 million for larceny, etc. at the Seoul Northern District Court on May 8, 2014. On July 4, 2013, the Defendant was sentenced to a summary order of KRW 2 million for larceny. On December 29, 2013, the Defendant completed the execution of the said sentence after being sentenced to imprisonment with prison labor from the Seoul Northern District Court on July 4, 2013.

At around 02:00 on October 14, 2015, the Defendant: (a) put Mask and Hydrid face in front of Seongbuk-gu Seoul, Seongbuk-gu; (b) opened a door in order to string the vehicle’s driver’s seat of Epoter owned by the victim D; (c) opened the door; and (d) took off and stolen the house with a 500,000 won of the market price of the victim, which was installed on the said vehicle; and (b) between September 13, 2015 and November 13, 2015, the Defendant attempted to do so in total at 11 times in the same manner as indicated in the list of crimes in the attached Form.

Accordingly, the defendant habitually stolen the victims' articles 11 times.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, G, D, H, I, J, K, L, M, N, andO;

1. Reports on each occurrence of a crime and reports on investigation;

1. Previous convictions in judgment: A report on investigation (referring to previous convictions in the same case and references to confinement information), criminal history and other references to inquiry;

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, etc.;

1. Relevant Article of the Criminal Act and Articles 332, 329, and 342 of the Criminal Act concerning the selection of criminal facts;

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

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