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(영문) 인천지방법원 2015.01.22 2014고단9304
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On April 12, 1989, the Defendant is a person who was sentenced to imprisonment for one year with prison labor for night intrusion, larceny, etc. at the Incheon District Court on April 12, 1989; one year of imprisonment with prison labor for the same offense in the same court on November 17, 200; five hundred thousand won by the same court on February 18, 200; eight months by the same court on April 14, 2004; eight months by imprisonment with prison labor for larceny; eight months by the same court on December 21, 2005; and two years by the same court on September 13, 2013; and is currently under suspension of the said execution.

On December 16, 2014, around 00:44, the Defendant: (a) discovered the victim C who was under the influence of alcohol while sitting in the guest room in the subway line 1 in the direction of the Incheon subway in the direction of the Incheon, Jung-gu, Incheon, and (b) stolen the property by the same method five times in total, as shown in the list of crimes in the attached Table, such as where the victim took away the 800,000 won of the market price where the victim was in his/her possession from his/her hand, and took away the galthotrot 2 mobile phone in the same manner.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, C, F, and G;

1. Acceptance of each commodity and voluntary submission;

1. Investigation report (Attachment of printed matters for editing images at the scene of a crime);

1. Habitualness of judgment: Application of Acts and subordinate statutes to criminal history records, etc. and reports on results of confirmation of the previous disposition (the records of each crime, method of number of crimes, frequency of crimes, and multiple repeated crimes of the same kind at the time, etc.);

1. The crime of this case on the grounds of the pertinent Article of the Criminal Act and Articles 332 and 329 of the Criminal Act regarding criminal facts, the sentencing of the choice of imprisonment, and the reasons for sentencing are that the property of other persons has been stolen repeatedly over several occasions in a short term, and the nature and circumstances of the crime are not good in light of the methods and frequency of the crime. The defendant committed the crime of this case even during the suspended execution period for the same kind of crime, and did not reach an agreement with the victims.

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