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(영문) 서울중앙지방법원 2018.10.10 2018고단5234
상습절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On November 13, 2003, the Defendant was sentenced to imprisonment for four years with prison labor for larceny at the Seoul Southern District Court on July 16, 2004; one year from imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court on July 6, 2006; one year from the Seoul Central District Court on November 3, 2006; three hundred million won from the Seoul Central District Court on September 12, 2007; two years from imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court on July 26, 2013; and one year and six years from suspension of execution with prison labor at the Seoul Central District Court on July 26, 2013; and one year and six years from the Seoul Central District Court on July 16, 2017 to the Seoul Central District Court on July 16, 2007.

【Criminal facts” around August 1, 2018: (a) around 08:11, 201, the Defendant sent a mobile phone charging room in front of the Yongsan-gu 5-ro 23-gil, Yongsan-gu, Yongsan-gu, Seoul, with one (1), one (1), one resident registration certificate, one (1), one credit card of D bank bank, and one (1) mobile phone charging device when the victim B used a lush lux in which the victim was the victim’s market value in the filling stand.

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Records of the judgment: Inquiry into criminal records and criminal investigation records, investigation reports (Habitualness and reporting on the confirmation of the fact of repeated crimes), personal confinement status, list of relevant decisions, text of the judgment, etc.;

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime in the judgment and the criminal acts of the same kind immediately after release;

1. Relevant Article 332 of the Criminal Act and Articles 332 and 329 of the Criminal Act and the choice of imprisonment for a crime;

1. Aggravation of repeated crimes;

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