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(영문) 수원지방법원 안양지원 2018.05.03 2018고단357
상습절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On March 16, 2016, the Defendant was sentenced to 10 months of imprisonment with prison labor for larceny at the Seoul Central District Court on March 16, 2016 and completed the execution of the sentence on October 30, 2016.

[2] On January 14, 2018, the Defendant took two copies of purchase rights equivalent to KRW 130,000 in the aggregate of the market prices purchased by the victim E at the seat of D 3 floors located in Overcheon-si, Sincheon-si, and taking advantage of the gaps in which he neglected to pay attention to the victim E at the seat of D 14:37, 201.

In addition, from that to February 24, 2018, both theft and theft were committed and attempted to steals purchase rights equivalent to the total market value of KRW 870,500 in the same way through the same method 11 times in total, such as the statement in the list of crimes committed in attached Form D.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, G, E, H, I, and J;

1. Report, etc. on data on the sale of purchase slips, and investigation report (additional crimes);

1. Inquiry into criminal history and report on investigation (verification of invalidation of punishment);

1. Habituality of judgment: Application of Acts and subordinate statutes to recognize dampness in light of the records of crimes, methods, frequency of crimes, and continuous and repeated crimes of the same kind in the judgment;

1. Relevant Articles 332, 329, and 342 (General Provisions) of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;

1. Although the defendant for the reason of sentencing Article 35 of the Criminal Act for aggravated repeated crimes has been punished several times as the same crime, the criminal liability is not easy in light of the fact that he/she again commits the crime in this case during the period of repeated crimes.

However, it is decided as ordered by comprehensively considering the fact that the defendant is against the defendant, that part of the victims have recovered from damage, and all other sentencing conditions, such as the age and environment of the defendant.

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