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(영문) 수원지방법원 안양지원 2015.04.29 2015고단332
상습절도
Text

A defendant shall be punished by imprisonment for one year.

Two knife lights (No. 10), one knife (No. 11), Maknife.

Reasons

Punishment of the crime

【Criminal Power】 On April 24, 2009, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Incheon District Court. On February 3, 2012, the Incheon District Court issued a summary order of KRW 2 million for a crime of larceny, and on June 29, 2012, the Defendant was sentenced to one year and nine months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court and completed the execution of the sentence at the Jin prison on November 15, 2013.

【Criminal Facts】

1. On March 7, 2015, at around 00:00, the Defendant opened a string door that was parked on the front road of the Sinpo City of Ma3 Motor Vehicles owned by the Victim D, and entered the inside door, and stolen it with a rub female-use wall, a digital camera case, a 100 won ticket, and a 5 page of the Philippines monetary value on the market price owned by the Victim.

2. The Defendant opened a front door that did not correct a numberless car parked in the vicinity at the place under Paragraph 1 at the same time and stolen it with two U.S. dollars, thirty-eight U.S. dollars, fifty-eight U.S. dollars, fifty-eight U.S. dollars, fifty-eight U.S. dollars, fifty-eight U.S. dollars, fifty-eight in total, and sixty-eight in total.

Accordingly, the defendant stolens the victims' articles twice habitually.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

1. Records before and after judgment: Criminal records, etc., inquiry report, investigation report (report on summary order of related cases and statement of written judgment), suspect examination protocol of the accused by the prosecution;

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 fact that the same kind of crime has been repeated several times;

1. Relevant Article 332 of the Criminal Act and Articles 332 and 329 of the Criminal Act and the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Return of victims;

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