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(영문) 광주지방법원 장흥지원 2016.05.26 2016고단53
상습절도
Text

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

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

Reasons

Punishment of the crime

[criminal records] On August 22, 2002, the Defendant was sentenced to eight months of imprisonment with prison labor for the attempted larceny at night at Seoul Northern District Court, and on November 19, 2004, sentenced to ten months of imprisonment with prison labor for larceny at the Seoul Northern District Court, and on October 9, 2009, sentenced to a fine of three hundred thousand won by the Seoul Northern District Court as larceny.

[2] Around 22:00 on April 5, 2016, the Defendant: (a) opened a steering room with no correction of Fita car owned by the victim E, which was parked in front of the D cafeteria located in the Seoul Southern-gun; and (b) committed a theft of, or attempted to commit a theft of, another person’s property on five occasions in total, including one copy of a 500,000 won per the victim’s market price owned by the victim; (c) Hyundai Credit Card, Nonghyup Card, Nonghyup Card, Nonghyup Card, NAC Card, and one copy of the NAC; and (d) one copy of the NAC; and (e) committed a theft of, or attempted to commit a theft of another person’s property on five occasions in total, as indicated in the list of crimes in the attached Form.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to G;

1. Statement made by the police for E;

1. Each statement of E, H, I, and J;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (reports attached to indictments);

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 Article of the Criminal Act and Articles 332, 329, and 342 of the Criminal Act, the choice of imprisonment with prison labor for a crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation: The defendant has repeatedly committed the instant crime even though he/she was subject to criminal punishment several times for the same crime, and circumstances favorable to many persons: a considerable number of victims have attempted to commit the crime, and some victims have not want to be punished against the defendant, and the amount of damage.

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