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(영문) 춘천지방법원 2018.07.04 2018고단521
상습절도
Text

A defendant shall be punished by imprisonment for not more than ten 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

[Power of crime] On May 9, 2013, the Defendant was issued a summary order of KRW 50,000,000,000 as a fine for larceny at the prosecutor's office located in Suwon District, and on April 17, 2017, the Defendant was issued a summary order of KRW 500,000,000 as a fine for larceny at the inner branch office of the prosecutor's office located in Suwon District, which was sentenced to the suspension of indictment as a result of larceny on April 20, 2017. On May 22, 2017, the summary order of KRW 50,000,000 as a fine for larceny was issued at the same court on April 9, 2018.

[2] On April 24, 2018, at around 14:25, the Defendant: (a) stolen the clothing and miscellaneous articles worth KRW 461,00,00 in total nine times of the market price by means of the following methods until May 15, 2018: (b) around 17:00, in the “E” store operated by the victim D (Woo, 60 years of age) located in the Chuncheon City C market by taking advantage of the gaps in which the victim’s surveillance was neglected; and (c) subsequently, the Defendant stolen the clothing and miscellaneous articles worth KRW 461,00,000 in total, as described in the list of crimes in the separate sheet.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, F, G, and H;

1. On-site photographs, each theft ctv photographs (for a time, 5, 8, 10, 14) attached to the site pictures of the theft incident, attaching on-site photographs, attaching cctv materials, attaching cctv pictures of the theft site (for a time, 20), attaching each protocol of seizure (for a time, 23, 42), each list of seizure (for a time, 24, 43), each list of seized objects (for a time, 25, 44);

5. 3. Attachment of CCTV photographs, investigation reports (to be attached toCCTV images) and CCTV image data at the time of the crime;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, reporting on the results of investigation, and reporting on the investigation (verification of the same criminal records as the suspect);

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 continuous repeated crimes of the same kind in the judgment;

1. Relevant Article 332 of the Criminal Act, Articles 32 and 329 of the Criminal Act, and choice of imprisonment.

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