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(영문) 수원지방법원 안산지원 2015.12.17 2015고단3349
상습절도
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence 1 or 2 above shall be confiscated from the accused.

Reasons

Punishment of the crime

On February 18, 2003, the Defendant was sentenced to 10 months of imprisonment with prison labor for larceny, etc. at the Seoul Central District Court on March 28, 2013, sentenced to 10 months of imprisonment with prison labor for special larceny, etc. at the Seoul Central District Court on March 28, 2013, and on October 31, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Seoul Detention House on September 12, 2015.

At around 12:00 on October 10, 2015, the Defendant sent back at the center of the victim D’s house located in the Yeongdeungpo-gu Seoul Metropolitan Government C rooftop. On the one hand, the Defendant: (a) reported that the victim was locking and going out of the entrance door with locks; (b) destroyed the locks by draber (30cm in length) which was in possession of the victim’s house; (c) invaded the victim’s house; and (d) brought about KRW 30,000 in cash owned by the said victim and KRW 30 in Chinese currency, which were placed on the table; and (d) from that time until November 3, 2015, the Defendant went into the victim’s house over 10 times, as indicated in the attached list of crimes, carried property worth KRW 4,749,00 in total at the market price.

Accordingly, the defendant habitually stolen the property owned by the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E, D, F, G, H, I, J, K, L, and M;

1. Statement of seizure (number 22);

1. On-site inspection photographs (No. 28 through 31) of each field, photographs (No. 33, 35, 37, 39, 41, 64) of each field, investigation reports (the date and time of criminal conduct and the investigation of damaged articles), investigation reports (the victim M, E telephone conversations);

1. Previous convictions indicated in the judgment: Criminal history records, personal identification and confinement records, investigation reports (data habitually recognized);

1. Habituality of judgment: Application of Acts and subordinate statutes that recognize dampness in light of the records of crimes, the frequency of crimes, and the frequency of crimes;

1. Articles 32, 329, 331 (1), and 330 of the Criminal Act applicable to the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Circumstances that are disadvantageous to the reason for sentencing under Article 48(1)1 of the Criminal Act: The fact that the crime is committed during the period of repeated crime, and the same criminal record is identical.

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