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(영문) 서울서부지방법원 2017.02.16 2016고단4126
상습절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal record] On October 14, 2014, the Defendant was sentenced to imprisonment for a maximum of one year and six months with prison labor for larceny, etc. at a resident support district in Daegu District Court, and on November 8, 2015, the Defendant completed the execution of the sentence at Kimcheon Juvenile Prison on November 8, 2015. On January 26, 2016, the same court was sentenced to imprisonment for a maximum of one year and ten months with prison labor for larceny, etc. and completed the execution of the sentence at the Daegu Detention House on December 12, 2016.

In addition, on January 31, 2012, a disposition of suspension of indictment is taken by a resident branch office of the Daegu District Public Prosecutor's Office on the grounds of special larceny, etc. on June 29, 2012, a disposition of transfer of juvenile protection cases to the same office on August 30, 2012, a disposition of transfer of juvenile protection cases by special larceny, etc. at the same office on August 30, 2012, a disposition of transfer of juvenile protection cases by the same office on April 22, 2014, and a disposition of transfer of juvenile protection cases by larceny, etc. at the same office on July 31, 2014.

[2] On December 22, 2016, the Defendant: (a) opened a string door in which the victim C gets goods from his own trucks on the roads of Yongsan-gu, Yongsan-gu, Seoul, Yongsan-gu, Seoul, 304, the Defendant stolen it with cash amounting to KRW 9,000 (one thousand won and four thousand won), each of which was located in the driver’s seat and the chief instant cup; and (b) stolen it.

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

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. The offender's place, the victim's own capture report, the damaged place, the damaged photograph, and the register of the reported case processing;

1. Previous convictions in judgment: A response to inquiries, such as criminal history, investigation report (A), and review of repeated crimes and habituality);

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

1. Relevant Article 332 of the Criminal Act and Articles 332 and 329 of the Criminal Act and the choice of imprisonment for a crime;

1. The Defendant, for the reason of sentencing Article 35 of the Criminal Act, is deemed to have a habit of larceny.

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