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(영문) 서울중앙지방법원 2016.01.28 2015고단7229
상습절도
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On January 22, 2009, the Defendant was sentenced to a suspended sentence of two years for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on October 10, 2009, and was sentenced to a fine of three thousand won for larceny at the Seoul East District Court on October 9, 2009, and was sentenced to a fine of five hundred million won for larceny at the Seoul Central District Court on November 8, 2012, and was sentenced to a fine of five million won for larceny at the Seoul Central District Court on January 17, 2013, and completed the execution of the sentence on July 17, 2015.

Around October 6, 2015, the Defendant: (a) committed a theft of property equivalent to KRW 20,919,000 in total market price by taking advantage of the gaps in the victim F’s surveillance at the “E store located in Yangcheon-gu Seoul Metropolitan Government (hereinafter “E”) around October 6, 2015, in a state that the Defendant lacks the ability to discern things or make decisions due to the increase in the number of walls, which are military registers due to the decline in shocking the shocking capacity; (b) by taking one stampet equivalent to KRW 590,00 in the market price in the store display stand; and (c) theft from that time to October 30, 300 on October 30, 2015, from that time, from that time, the Defendant returned to the Seoul, Chungcheongnam-gu, and Sungnam-nam department store store stores, and by taking similar means over a total amount of 11 times.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of G, H, I, J, K, F, L, M, N,O, and P;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (report on the results of confirmation, such as the date of release);

1. The point of which judgment is not given: A medical opinion, a copy of a portable medicine bag, and a judgment;

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 repeated crimes of the same kind in the judgment;

1. Relevant provisions of the Criminal Act and Articles 332 and 329 of the Criminal Act (Habitual larceny and choice of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The Criminal Act to mitigate mental and physical weakness;

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