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(영문) 인천지방법원 부천지원 2015.04.24 2015고단610
상습절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 29, 2013, the Defendant was sentenced to imprisonment of one year and six months with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Seoul Southern District Court on March 29, 2013 and completed the execution of the sentence in the former prison on September 10, 2014, and the same thief criminal records were 17 times.

On March 15, 2015, at around 00:20, the Defendant: (a) opened a steering door that was parked in the 489-ro 37 Gao-gu, Mao-gu, Seocheon-si, Seocheon-si, 42,000 won in cash located in the Gao-gu, Seocheon-si, and did not correct the car; (b) was stolen; (c) around 04:20 on the same day, the Defendant discovered and corrected the 42,00 won in cash located in the Gao-gu, 37 Gao-do, 37 Gao-gu, Seocheon-gu, Seocheon-si; and (d) was stolen by taking a 10,000 won in cash from the Gao-gu, which was located therein.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. Written statement of G;

1. Records of seizure and the list of seizure;

1. Each report on investigation;

1. Previous records: Criminal records and criminal investigation reports (verification of the date of release of a suspect and attachment of the same criminal suspect's judgment);

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

1. Relevant Article 332 of the Criminal Act and Articles 32 and 329 of the Criminal Act (with regard to habitual larceny and, collectively, choice of imprisonment);

1. The reason for sentencing Article 35 of the Criminal Act, among repeated offenders, is against the defendant's mistake. Although the amount of damage is relatively minor, it is recognized that the defendant has the ability to be punished for the same kind of crime, and the defendant has committed the same kind of crime as he/she was released from the same kind of crime. The defendant's age, character and conduct, environment, motive and circumstance of the crime of this case, and circumstances after the crime, etc.

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