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(영문) 서울북부지방법원 2015.09.01 2015고단2455
상습절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On November 10, 2014, the Defendant was sentenced to 10 months of imprisonment with prison labor for larceny at the District Court of the Republic of Korea on the part of May 8, 2015 and had the same kind of power 15 times, including the completion of the execution of the sentence in a prison of the Government of the Republic of Korea.

【Criminal Facts】

On June 22, 2015, the Defendant, around 15:20 on June 22, 2015, entered the list of crimes Nos. 17 items No. 25 in the list of crimes No. 17, 200, 17 items No. 17 in the list of crimes No. 25 in which the market price of the victim and other employees are located in Seoul Special Metropolitan City, Nowon-gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A receipt for an article damaged;

1. Photographs of damaged articles;

1. Previous records of judgment: Criminal references, each investigation report (report on results of confirmation of the previous disposition, the same kind of records and repeated records), the number and confinement status of each individual, written judgment, and summary order;

1. Habitualness of judgment: Application of damp-style Acts and subordinate statutes to the crimes of this case, in light of the fact that two months have not elapsed since the execution of the sentence was completed with the power of each crime, criminal method, and larceny as indicated in the judgment;

1. Relevant Articles 332 and 329 of the Criminal Act concerning criminal facts, the choice of imprisonment

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated larceny [the scope of recommending punishment] The basic area (two to four years) of category 1 of habitual and repeated larceny [the decision of sentence] (two to four years] of the defendant has the past record of having been punished for the same kind of crime as indicated in its reasoning. In particular, around February 2012, there was one year and six months of imprisonment with prison labor due to the theft, etc., the defendant was released from prison labor, and the defendant was inside two months of having been sentenced to the punishment due to the larceny as stated in its reasoning, and the defendant was subject to the recidivism of this case, and the defendant constitutes a repeated crime, it is inevitable to sentence a sentence on the defendant.

However, the defendant's mistake is divided, and the amount of damage in this case is KRW 100,390.

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