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(영문) 수원지방법원 안산지원 2020.04.09 2020고단352
상습절도
Text

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

Reasons

Punishment of the crime

[criminal power] On November 10, 201, the Defendant was sentenced to a summary order of 500,000 won by larceny, etc. from the Suwon District Court’s Ansan Branch, and on June 28, 2013, the Defendant was sentenced to a suspended sentence of 3 years by imprisonment with prison labor for special larceny, etc. on September 21, 2018; on May 30, 2019, the Defendant was sentenced to a summary order of 3 million won by larceny, etc. at the same court; on December 12, 2019, the Defendant was sentenced to a fine of 1.8 million won by the same court as larceny; on October 25, 2018, the Defendant completed the execution of the sentence on April 11, 2019.

【Criminal Facts】

On January 3, 2020, the Defendant: (a) around 01:53, at the “C” located on the members B and 4th floor of Ansan-si, Ansan-si; (b) at the victim D and the victim E setting up a cell phone with a c.50,000 won or more at the market price owned by the victim D; and (c) at the victim E with a 3.50,000 won mobile phone with one cell phone equivalent to the market price owned by the victim E.

In addition, at around 03:20 on the same day, the Defendant: (a) viewed that the victim F is diving by sticking his cell phone in a charging machine; (b) sought to release a password from the victim’s source with one cell phone charging unit and charging device amounting to 17.80,000 won at the market price owned by the victim; (c) but (d) did not bring the lock back again.

Accordingly, the defendant habitually stolen or attempted to steals the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. On-site photographs, 112 report processing slips;

1. Previous records of judgment: Investigation report, investigation report, investigation report, criminal records, and inquiry and inquiry report, such as criminal records;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, and the frequency of crimes;

1. Article 332 of the Criminal Act and Articles 32, 329 and 342 of the Criminal Act and the choice of imprisonment with labor for the crime;

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