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(영문) 춘천지방법원 원주지원 2017.06.14 2017고단467
상습절도
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence as referred to in subparagraphs 1 through 5 shall be confiscated.

Reasons

Punishment of the crime

[criminal record] On February 4, 2003, the Defendant was issued a summary order of KRW 5 million for attempted larceny at the main branch of the Chuncheon District Court, and on October 21, 2008, the Defendant was sentenced to imprisonment with prison labor for 8 months and a suspended sentence of 2 years for larceny, etc. in the same court.

[2] On December 26, 2016, the Defendant: (a) was at the construction site of “D” located in Crossing-gun C around 08:30 on December 26, 2016; and (b) took advantage of tools, such as a bridge, pipe cutting machine, etc. prepared in advance to monitor E by the construction site manager at the construction site; and (c) was removed from the ceiling of the instant Riar building at the same time as the victim F Co., Ltd.’s market price of KRW 310,00,00 from that time until April 20, 2017, the Defendant stolen and stolen at 22 times in total the market price of the victim’s possession by the same method as indicated in the list of crimes in the attached Form.

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, G, and H;

1. Protocols of seizure, list of seizure and report on investigation (Attachment to photographs of seized articles);

1. Previous convictions in judgment: A response to inquiries about criminal history and investigation report (the previous and attached documents);

1. Habituality of the judgment: The recognition of habition (the records of the judgment are the previous criminal records for which the lapse of a long time, or the criminal records of larceny sentenced on October 21, 2008 are the crimes that stolen construction materials at construction site several times under the same number of laws and regulations as the crimes of this case, in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same crimes were repeated within the short time, etc. in the judgment (the records of the crime of this case may be deemed to have been caused by theft) in light of the following:

1. Relevant Article of the Criminal Act and Articles 332 and 329 of the Criminal Act (generally, choice of imprisonment with prison labor);

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act are as follows.

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