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(영문) 수원지방법원 성남지원 2018.11.22 2018고단2117
상습절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal history] The Defendant was issued a summary order from Sungnam support on September 17, 2018, to larceny. On February 4, 2016, the Defendant was sentenced to imprisonment for 8 months with prison labor for special larceny, etc. and two years with prison labor for suspended execution, as well as a person who has been sentenced to imprisonment with prison labor for the same kind of larceny.

[2018 Highest 2117]

1. On August 9, 2018, the Defendant habitually stolen goods worth KRW 134,00,00 in total nine times, as shown in the attached list of crimes, on nine occasions, on the following grounds: (a) around 01:30 on August 9, 2018, the victim E, who was in a freezing located outside of a place, with the victim E’s market price equivalent to KRW 10,000,000, located in a freezing located outside of a place.

[2018 Highest 2264]

2. On August 18, 2018, around 21:00, the Defendant: (a) took advantage of the gap between the victim F and G 10,000 won and the victim F junnam-si, Hanam-si, Hanam-si, Hanam-si, Hanam-si; (b) stolen 2,000 won of cash in a cell phone (LG-T390K) with a cell phone (LG-T390K) with a 16,000 won market price of the victim’s G junnam-si, Hanam-si, Hanam-si; (c) was charged with larceny with a comprehensive larceny relationship with the same crime of larceny as that of habitual larceny, which is charged with 200,000 won by 20,000 won and 200,000 won. However, this part of the crime was committed due to this part of the crime of larceny.

I would like to say.

In addition, even if the court recognizes the criminal facts prosecuted for concurrent crimes as they are, the court recognizes only the legal evaluation on the number of crimes, and treats them as a single comprehensive crime, this does not disadvantage the defendant's defense, and thus can be punished as a single comprehensive crime without changing the indictment (see Supreme Court Decision 2011Do15356, Jan. 26, 2012). Thus, the above criminal facts under paragraph (2) of the judgment without changing the indictment are stated as the criminal facts for larceny.

The theft was stolen.

Summary of Evidence

(b).

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