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(영문) 서울서부지방법원 2016.09.29 2016고단1939
상습절도
Text

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

The victim shall have the amount of money kept in custody for each of subparagraphs 2 through 7 of seized evidence.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to eight months of imprisonment with prison labor at the Seoul Central District Court on January 30, 2013, and was sentenced to a summary order of KRW 1.5 million for attempted larceny at the Seoul Southern District Court on August 14, 2013, and was sentenced to a fine of KRW 1.5 million on March 27, 2014 by the Seoul Southern District Court on March 27, 2014, and was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Southern District Court on August 19, 2015 and has a habit of larceny after the execution of the said sentence was completed.

[2] On November 4, 2015, around 09:00, the Defendant returned the Defendant’s bicycle storage box near the subway station located in the Dongjak-gu Seoul Metropolitan Government Saildong, the victim’s name, unlocked box’s market price, which was being locked into the lock, to hand back the bicycle with the lock.

From that time until May 11, 2016, the Defendant carried 36 bicycles in total through the above 36 times, such as the list of crimes, from that time until May 1, 2016.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each statement of D, E, F, G, and H (victims);

1. Each seizure protocol, etc.;

1. A written statement of each victim attached to the guide of each case (a book of the person against whom the warrant was served, and a list of evidence Nos 22 through 43);

1. A report on investigation (a list of evidence Nos. 7, 8, 15, 16, 17, 21);

1. Matters related to the report of internal investigation (on-site CCTV and the serial number of damaged articles), internal investigation report-related to the identification of the number of suspects and the verification of damaged articles, report-related internal investigation-related to the verification of damaged articles;

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history, report on investigation (verification of criminal history of the same kind as the suspect), and report on investigation (period of repeated crime);

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 Article 332 of the Criminal Act and Articles 32 and 329 of the Criminal Act, and choice of imprisonment for a crime.

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