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(영문) 서울동부지방법원 2015.05.14 2015고단740
상습절도
Text

A defendant shall be punished by imprisonment for one year.

The seized evidence Nos. 1 to 4 (Seoul Dong District Prosecutors' Office No. 481, 2015).

Reasons

Punishment of the crime

[Attachment] On November 6, 2013, the Defendant was issued a summary order of KRW 300,000 as a fine for larceny at the original branch of the Chuncheon District Court. On February 7, 2014, the Defendant was sentenced to the suspension of the execution of larceny for six months from the branch branch of the Suwon District Court, which was sentenced to the suspension of the execution of larceny for six months, and the said judgment became final and conclusive on January 27, 2015 and is still under the suspension of the execution.

【Criminal Facts】

From around 21:00 on September 17, 2014 to around 23:00 on the 19th day of the same month, the Defendant opened a door that was parked by the victim D in front of Songpa-gu Seoul, Songpa-gu, with cash of KRW 30,000 owned by the victim, and started from that door, and attempted to steal or steal the property equivalent to KRW 6,884,000 in total over 25 times until March 20, 2015, as shown in the list of crimes in the attached Table.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, H, I, and J;

1. The respective statements of the K, L, M, N,O, P, Q, R, T, U, V, W, X, Y, Z and AA;

1. Statement of seizure of each police;

1. On-site file reports, photographs, CCTV photographs, records of identification at the site of the case, photographs of damaged vehicles and their surroundings, photographs of the scene of the theft incident, and photographs of damaged articles;

1. Investigative reports (victims D and telephone conversations), investigation reports (Investigation of CCTVs in mobile phones), and CCTVs extracted from mobile phones;

1. Previous convictions in judgment: Criminal records and investigation reports (prior to disposition and report on results of confirmation);

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing dampness in light of each previous crime in judgment and each crime of this case under the same Act repeatedly committed on 25 occasions;

1. Articles 332, 329, and 342 of the Criminal Act, inclusive of the relevant Articles of the Criminal Act and the choice of punishment;

1. Circumstances unfavorable to the reasons for sentencing of Article 333(1) of the Criminal Procedure Act for return of victims: The defendant has been convicted of larceny several times in his previous case, and in particular, he has been punished several times.

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