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(영문) 서울중앙지방법원 2017.07.06 2017고단3394
상습절도
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence shall be returned to the person in whose name the injured party is not the victim.

Reasons

Punishment of the crime

On November 14, 2014, the Defendant was sentenced to imprisonment of 8 months with prison labor for larceny and imprisonment of 2 years with prison labor for a suspended sentence of 2 years in support for the development of the Suwon method, and the above judgment became final and conclusive on September 30, 2016.

On June 8, 2016, at around 13:00, the Defendant: (a) opened a cargo space in another vehicle and stolen books in an amount equivalent to KRW 90,000,000 from around May 4, 2017, in total, up to 11 times in the same manner, the Defendant stolen goods equivalent to KRW 4,861,835, in total, as indicated in the list of crimes, from around May 4, 2017.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to D, E, F, and G;

1. Each statement of H, I, J, K, L, M, C, N, D, E, F, and G;

1. Reports on each occurrence of a crime and reports on each investigation;

1. Each protocol of seizure and the list of seizure;

1. Notices and invoices posted in the second and second countries;

1. A photograph of a stack vehicle, damaged photograph, CCTV-TV photograph, a thief photograph, a thief photograph, a thief photograph, a printed photograph, a O photograph, a mermof photograph, a seized vehicle, a damaged vehicle and a damaged product photograph, a photograph of the damaged stack, a P book photograph, and a copy of the purchase ledger;

1. Previous convictions in judgment: Inquiry into criminal history and investigation report (a summary order and attachment of the judgment attached thereto);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crime has been committed in a planned manner;

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 reason for sentencing of Article 333(1) of the Victim Return Criminal Procedure Act is that the Defendant repeatedly committed a crime against a large number of victims, that there was a record of punishment for larceny of the same and the same method, and that the Defendant did not receive any letter from the victims.

(b).

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