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(영문) 서울남부지방법원 2015.11.12 2015고단3751
상습절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 10, 1992, the Defendant was sentenced to a summary order of KRW 2 million on May 26, 201, from the Seoul Southern District Court to a fine of KRW 8,000,000, to a punishment of larceny on December 24, 2002, to a punishment of imprisonment with prison labor for one year at the Suwon District Court on October 24, 2002, to a punishment of larceny, six months, to a punishment of attempted larceny at the Seoul Central District Court on October 24, 2003, and six months, to a punishment of imprisonment with prison labor at the Seoul Southern District Court on June 17, 201; and on September 28, 201, to a summary order of KRW 2,00,00 as larceny; on September 14, 201, to a punishment of imprisonment with prison labor at the Seoul Central District Court on June 14, 201 to a final sentence of larceny; and on July 10, 2013>

On August 1, 2015, the Defendant: (a) around 05:26, at the soup drying site located in the first floor of Guro-gu Seoul Metropolitan Government Guro-gu Seoul Metropolitan Government, brought the key of the clothes in the victim E by taking advantage of the gap in which the victim E was locked; (b) opened the clothes used by the victim and taken 300,000 won in cash inside the wall in the victim’s possession.

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

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Previous convictions in judgment: Criminal records, and 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 frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Articles 332 and 329 of the Criminal Act applicable to the crimes;

1. Determination of punishment as ordered in light of the same kind of power, etc. as stated in the reasoning for sentencing Article 35 of the Criminal Act among repeated offenders;

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