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(영문) 창원지방법원 2015.07.22 2015고단1328
상습절도
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 18, 2007, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by the Changwon District Court on the Act on the Aggravated Punishment, etc. of Specific Crimes, and was sentenced to criminal punishment for the same crime three times more.

1. On April 18, 2015, at the D parking lot located in Seongbuk-gu, Changwon-si, Changwon-si, the Defendant discovered that the victim F was under influence of alcohol in E vehicles parked therein, opened a door of a vehicle not locked by using any cresh in the surrounding area, and then removed 50,000 won in cash from the wall of the victim who was on the front line of the vehicle, and then stolen one 200,000 won in the market price owned by the victim who was on the front line of the vehicle.

2. On April 22, 2015, around 04:45, the Defendant: (a) opened a cret door of G vehicle parked in the above D parking lot using any cret around it; and (b) removed a cret door of the victim H-owned seal page in the vehicle; and (c) removed one fishing door of the amount equivalent to KRW 1.50,000,000 in the market price, including one cret of the victim H-owned seal page in the vehicle; and (d) one mobile phone with the market price of KRW 1.5 million in the vehicle.

3. On May 18, 2015, at around 01:00, the Defendant: (a) discovered one bicycle set up in front of the J in the Seongdong-gu, Sungwon-si, Sungwon-si; (b) discovered one bicycle set up by the winners of the name in his/her name in his/her place; and (c) stolen the bicycle set up in the amount equivalent to KRW 600,000 at the market price managed by the Victim K.

As above, the Defendant habitually stolen the property owned by another person three times.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of F, K, and H;

1. Statement of seizure of each police;

1. Investigation report (investigation into ctv Verification);

1. A statement on criminal records, etc.;

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. Article 332 and Article 332 of the Criminal Act by virtue of the relevant legal provisions on criminal facts.

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