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(영문) 수원지방법원 성남지원 2018.09.19 2018고단1513
상습절도
Text

A defendant shall be punished by imprisonment with prison labor 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 became final and conclusive.

Reasons

Punishment of the crime

In order to obtain sexual satisfaction, the Defendant has stolen panty clothes (panty tyty) from around May 7, 2017, and had them return to the beginning Eup/Myeon of Gwangju City from around May 7, 2017.

On May 27, 2018, at around 14:00, 14:00, at the top of the rapid line installed outside the Jeju-si B lending complex, steals one of the victim's fluent fluent female clothes (panch tit) and stolen around May 28, 2018, at around 22:50 around Gwangju-si, Gwangju-si, and around May 28, 2018, 103 points of the non-marketed female clothes, which were habitually stolen by stealing the long line of time in the house.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal investigation report (a recognition, the details of voluntary submission, etc.), a criminal investigation report, and an on-site photograph of the case;

1. Protocols of seizure and the list of seized articles, seized articles and on-site photographs;

1. Habitualness in the holding: The application of Acts and subordinate statutes recognizing dampness shall apply in light of the following: the method of crime, frequency of crime, and return to one year (average 2:3 times a month) the female panty is stolen and collected, and the records of the same kind of crime have been past;

1. Relevant Article of the Criminal Act and Articles 332 and 329 of the Criminal Act concerning the selection of criminal facts;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. In cases of habitual offenders who are in the aggravated area (from October to two years) (a person subject to special aggravated punishment) of the aggravated area (a person subject to aggravated punishment) of the types of general property, the scope of punishment recommended on the sentencing criteria [the scope of punishment recommended];

2. Determination of sentence [Public Prosecutor’s Opinion] 5 million won [Judgment] 10 months of imprisonment, and two years of suspended sentence, in light of the characteristics of stolen objects and the motive of larceny, the defendant is in need of strict punishment, and the victim’s appraisal beyond its property value is deemed to exceed its property value and thus, a sentence of imprisonment is selected.

However, taking into account the fact that the defendant is led to confession, the fact that he seems to have faithfully cooperated with the investigation agency, and the fact that the defendant has no record of crime exceeding the fine, etc., other than the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

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