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(영문) 인천지방법원 2016.02.15 2015고단7573
상습절도
Text

A defendant shall be punished by imprisonment for one year.

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 record] On December 20, 200, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. at the Incheon District Court, two years of suspended execution, etc. on October 10, 201, and was sentenced to eight months of imprisonment with prison labor for larceny, etc. at the Incheon District Court on December 14, 2005, and was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Incheon District Court on December 14, 2005. On June 28, 2007, the Defendant was sentenced to a summary order of one million won of a fine for larceny from its father branch of the Incheon District Court on March 13, 2009, and was sentenced to six months of imprisonment with prison labor from the Incheon District Court on June 9, 201 to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

[Criminal facts] On October 25, 2015, the Defendant: (a) committed a theft with a victim C, who became aware of an Internet game within 108 Dong Dong-si, Gyeonggi-si, Kimpo-si, Kimpo-si, 108 Dong-si, and 806, with a 2.7 million U.S. market price of the victim’s possession, which was located in the victim’s home room under the influence of alcohol.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, investigation report (Attachment to a copy of the judgment, such as the previous conviction);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, method of crime, and repeated crimes of the same kind in the judgment;

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

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. The reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation is that the defendant committed the instant crime without being aware of the fact that he/she had been sentenced to a suspended sentence or imprisonment for the same kind of crime even though he/she had been sentenced to a suspended sentence

However, the defendant confessions the crime of this case and reflects it, and November 4, 2015.

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