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(영문) 서울중앙지방법원 2016.08.10 2016고단3631
상습절도
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal history] On April 13, 2012, the Defendant was sentenced to a suspended sentence of two years in the Seoul Central District Court for night intrusion, larceny, and larceny. On September 10, 2015, the Defendant was sentenced to two years of imprisonment for habitual larceny at the Seoul Central District Court’s sentence on September 10, 2015, and was released on December 24, 2015 and the parole period expired on April 7, 2016.

[2] On June 2, 2016, around 12:40 on June 2, 2016, the Defendant habitually committed a theft with Chapter 1, 1, 13, 6, 6, 3, 3, 2, 2, 2, 3, 2, 2, 2, 1, 1, 50, 200 won of cultural merchandise coupons, 2, 2, 1, 50, 1, 200, 200 won of cultural merchandise coupons, 1, 200,000,000

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, E, and F;

1. Each statement of G and H;

1. Police seizure records, list of seizure, and photographs of seized articles;

1. On-site photographs;

1. Previous convictions: Inquiry into criminal history, investigation reports (verification reports, such as the criminal suspect's previous convictions and the date of release from office), each written judgment and personal confinement status;

1. Habituality of the judgment: The application of Acts and subordinate statutes to the crime of this case is recognized in light of the following: (a) the criminal records shown in the judgment of the defendant have the records of each crime; (b) the criminal records of the above crime are similar to the number of crimes in this case; and (c) the crime of this case has been committed in a short time after being sentenced to habitual larceny; and (

1. Relevant Articles of the Criminal Act and Articles 332 and 329 of the Criminal Act concerning the crime. Article 329 of the Criminal Act (Selection of Imprisonment)

1. The reason for sentencing Article 35 of the Criminal Act, which habitually intrudes on another person’s residence and steals the property, and the victim suffers injury to the victim who is likely to flee, and is highly dangerous in light of the method of crime, etc.

Even if a person was sentenced to two years of imprisonment for habitual larceny, he/she shall be sentenced to the crime of this case again within the short term after being released from the prison.

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