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(영문) 인천지방법원 부천지원 2016.06.30 2016고단983
상습절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 6, 2012, the Defendant was issued a summary order of KRW 500,00,000 by larceny, etc. from the Busan District Court’s subsidiary branch, and from April 1, 2015, the Defendant was issued a summary order of KRW 2 million by larceny. On August 19, 2015, the Defendant was sentenced to a fine of KRW 3 million by larceny at the Daejeon District Court’s Daejeon District Court’s order on August 19, 2015. On October 29, 2015, the Defendant was sentenced to imprisonment of KRW 6 months by night-time intrusion larceny from the Incheon District Court’s subsidiary branch, and completed the execution of the sentence at the Incheon District Court’s vocational training institution on March 24, 2016.

At night, the defendant had a mind that a vehicle parked in a parking lot, which does not lock the door, steals the door and the goods in the door.

On May 6, 2016, the Defendant opened a steering door, which did not lock the Category C car of the victim C and went to the age of KRW 180,000,00 in the market value at the top of the place, around 04:02, the 349 Sincheon-si, Yacheon-si, Yacheon-si, Yacheon-si, Yacheon-si, Yacheon-gu, 349, and went to the same month.

8. At approximately 04:00, I opened a driver’s seat not locked for the FST5 car owned by the injured Party E at the ambling 1.30,000 won in cash in the light of the operating seat.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. Protocols of seizure and list of seizure (lists 6,7);

1. Each photograph (list 4,8);

1. Previous convictions in judgment: Copies (List 19), such as inquiries about criminal history, text of judgment, etc., and status of personal identification and acceptance;

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime in the judgment, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind immediately after release;

1. Relevant provisions of the Criminal Act and Articles 332 and 329 (General Provisions) of the Criminal Act and imprisonment with prison labor for the option of criminal facts;

1. Circumstances that are favorable to the defendant for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes (a confession, reflectivity, and damage).

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