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(영문) 의정부지방법원 고양지원 2016.07.05 2016고단1374
상습절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On October 25, 2007, the Defendant was sentenced to a suspended sentence of ten months for larceny at the Seoul Central District Court, and two years for a suspended sentence of eight months for larceny at the Incheon Central District Court on April 2, 2010. On October 29, 2010, the Defendant was sentenced to a summary order of three hundred thousand won for larceny at the Seoul Central District Court on October 7, 2013, and was sentenced to a fine of one million won for larceny at the Seoul Western District Court on April 14, 2014, and was sentenced to a summary order of one million won for the attempted larceny at the Seoul Central District Court on July 10, 2015, and was sentenced to a fine of one million won at the Seoul Central District Court on January 29, 2015.

[Criminal facts]

1. On May 20, 2016, the Defendant: (a) opened a door of a vehicle and attempted to steal money and valuables using a cresh that the victim D parked without correcting the door of the E Benna vehicle in Gyeyang-gu, Geumcheon-gu; (b) but (c) did not have any money and valuables on the vehicle; (d) the Defendant did not have any money and valuables on the vehicle.

2. The Defendant opened a door of a vehicle and carried 11,500 won in cash owned by the victim in the same date, at the same place, at the same time and place by the victim F without correcting the door of a G Bluri car.

Accordingly, the defendant habitually stolen or attempted to steals the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each damage statement;

1. A protocol of seizure and a list of seizure;

1. Photographss of crime prevention CCTVs, photographs of damaged vehicles, and money and valuables seized;

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history (A), investigation report (eight copies of inquiry into previous convictions in disposition and results of confirmation);

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

1. Selection of imprisonment with prison labor chosen;

1. The sentencing of Article 62(1) of the Criminal Act is based on suspended execution.

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