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(영문) 서울중앙지방법원 2018.02.01 2017고단6735
상습절도
Text

A defendant shall be punished by imprisonment for six months.

The number of seized evidence 1, 6, 8 through 11, 15, 16, 18 shall be respective to the names of the victims.

Reasons

Punishment of the crime

around 01:05 on September 13, 2017, the Defendant entered “F” restaurant operated by the victim E in Jongno-gu Seoul Metropolitan Government, as indicated in the list of crimes attached to the crime between July 18, 2015 and September 13, 2017, the victim’s market value on the table was 700,000,000 won of Samsung Ggal ju, the victim’s market value on the table was placed in the table of locking. The Defendant owned 18,00 in the column of the attached list No. 5 of the crimes: (i) “Evidence No. 7”, and (ii) the victim’s “Evidence No. 7” in the column of the attached list No. 13, and (iii) the victim’s phone carried it to the 18,000,000 won in total, as the evidence No. 1, respectively.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each police statement on E, G, H, I, J, K, and L;

1. Each statement of M and N;

1. A report on investigation (specific as the suspect) and a report on investigation (related to telephone call of the victim);

1. Each protocol of seizure and the list of seizure;

1. A response to a request for appraisal, and a report on the results of field identification;

1. Photographs of damaged articles;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method of crime, frequency of crime and the fact that the same kind of crime has been committed in a planned number of times;

1. Relevant Article of the Criminal Act and Articles 332 and 329 of the Criminal Act (generally, choice of imprisonment with prison labor);

1. The defendant, on the grounds of sentencing of Article 333(1) of the Return Criminal Procedure Act, steals his/her cell phone repeatedly over 18 times for a considerable period of time, and it is inevitable to sentence the defendant as a sentence.

However, the defendant led to the confession of the crime of this case and repented the mistake, the victim's main name, and the agreement with the present party that the above victims did not want the punishment of the defendant, and there were symptoms of alcohol addiction and depression to the defendant, and the defendant stolen to sell the portable phone.

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