(영문) 춘천지방법원 속초지원 2018.11.07 2018고단60

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(영문) 춘천지방법원 속초지원 2018.11.07 2018고단60

상습절도

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【The Defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor for habitual larceny at the beginning branch of the Chuncheon District Court on July 1, 2015, and on July 9, 2015, the Defendant was nine times of imprisonment with prison labor and the decision became final and conclusive on July 2015.

【Criminal facts】 From August 31, 2017 to around 17:40 on the same day, the Defendant: (a) opened a door in the case of vehicles parked on the way in the C cafeteria parking lot located in C cafeteria B at the early 18:00 on August 31, 2017; and (b) decided to steal goods in the door.

1. The Defendant: (a) left the Victim D’s Eone Star Sheet driver’s seat knife, which was parked at the above parking lot to steal the goods; (b) but did not bring the matter to an attempted attempt because the door was unfolded.

2. The Defendant: (a) committed the crime as described in the above 1. Claim 1.1; (b) opened a car driver’s seat of the Victim F, which was parked in front of the crime, and colored the article to be stolen; (c) but did not discover stolen objects, and thus did not commit an attempted crime.

3. The Defendant: (a) committed the crime as described in the above 2. Claim 2.1; (b) opened and opened a door to the driver’s seat of the victim H which was parked in front of the crime; and (c) cut off with a plastic paper with a market price of at least KRW 10,000,000 of the market price at the top of the place.

Accordingly, the defendant habitually did not habitually commit a theft of the victim D and F's property, but did not commit the attempted crime, and stolen the victim H's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by H;

1. On-site photographs and identification photo of the case;

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

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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