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(영문) 전주지방법원 정읍지원 2016.04.26 2015고단622
상습절도
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal record] On September 1, 2015, the Defendant was sentenced to a fine of KRW 2 million for habitual larceny in the branch court of the Jeonju District Court in the Eup branch court on September 1, 2015, and the said judgment became final and conclusive on September 9, 2015.

[Criminal facts]

A. around September 14, 2015, the Defendant: (a) entered the victim D’s house located in regular Eup/Myeon; (b) opened the above victim D’s clothes in order to stolen them; and (c) cut off the above victim’s clothes rapidly with the victim’s panty 4 panty 10,000 won at the market price of the above victim’s own 60,000 won; (c) 4 panty panty 40,000 won at the market price of the above victim’s son’s son owned by the above victim’s son; (d) 2 20,000 won at the market price; and (d) 150,000 won at the regular Eup/Myeon 2,00 won at the market price.

B. On September 14, 2015, the Defendant intruded into the said house with a view to stealing the clothes owned by the victim from the victim G located in Jung-Eup, Jung-gu around 14, 2015, and stolen them with the victim’s panty 2, 30,000 won of the market price, 1,000 won of the market price, 1,000 won of the 30,000,000 won of the market price, and 4,000 won of the clothes for women located in the city.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement in D or G preparation;

1. A protocol of seizure and a list of seizure;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of crimes, the number of crimes and the frequency of crimes in the judgment, and the repeated crimes of the same kind;

1. Relevant Article of the Criminal Act and Articles 332 and 329 (General Provisions) of the Criminal Act and the choice of imprisonment for a crime;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation [whether the sentencing criteria are applied] under the Criminal Act, and the sentencing criteria are not set for habitual larceny under the Criminal Act (decision of sentencing] (decision of sentencing). The defendant is the same criminal act.

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