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(영문) 서울중앙지방법원 2015.07.08 2015고단3270
상습절도
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

One (No. 13), clothes, and one (No. 14), each, shall be confiscated.

Reasons

Punishment of the crime

[criminal record] On January 26, 199, the defendant was sentenced to a summary order of one million won as a crime of attempted larceny at the Seoul Eastern District Court, and on January 29, 199, the defendant was sentenced to a suspended sentence of six months by imprisonment with prison labor at the Seoul Central District Court for a crime of attempted larceny. On April 14, 2008, the above court was sentenced to a summary order of one million won as a crime of larceny. On July 8, 2008, the same court was sentenced to a suspended sentence of eight months for punishment of larceny and one year and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

【Criminal Facts】

On May 24, 2015, the Defendant: (a) around 00:10 on May 24, 2015, at the bus stops in Gangnam-gu, Seoul, 261, and (b) at the bus stops in front of 261-dong, Gangnam-gu, Seoul. (c) C, under the influence of alcohol, deducted approximately KRW 695,00 of the market value of the victim’s possession from approximately 695,00,000, at the left right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right of the

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of the police statement regarding C;

1. Seizure records;

1. Investigation report (verification of market price of damaged goods);

1. Previous convictions in judgment: Criminal records and investigation reports (verification of previous records and method of compliance);

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, method of crime, etc. as stated in the judgment;

1. Relevant Articles of the Criminal Act and Articles 332 and 329 of the Criminal Act concerning the crimes;

1. In light of the fact that the defendant committed the instant crime even though he/she had had a record of punishment several times due to the same kind of crime for the reason of sentencing under Article 48(1)1 of the Criminal Act, it is inevitable to sentence the sentence to the defendant.

However, the fact that the mistake is divided, and the damaged goods have been returned to the victim, etc. are favorable to the defendant.

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