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(영문) 서울서부지방법원 2015.08.27 2015고단1641
상습절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] The defendant was sentenced to a fine of 50,00 won for larceny at the Seoul Central District Court on April 20, 199; on July 31, 2001, the Seoul Western District Court sentenced to a fine of 100,000 won for the same crime; on October 29, 2002, the same court was sentenced to a suspended sentence of 6 months for larceny, etc.; on February 4, 2004, the defendant was sentenced to a imprisonment of 5 months with prison labor for the same crime; on January 19, 2005, the same court was sentenced to a fine of 100,00 won for the same crime; on November 19, 2005, the defendant was sentenced to a imprisonment of 4 months with prison labor for the same crime at the same court on April 11, 2007, and was sentenced to a fine of 16 years at the same court on December 7, 2007 and 16 years for the same crime of larceny.

【Criminal Facts】

1. Around 12:00 on June 22, 2015, the Defendant, at the frontway of a public toilet near D hotel located in Yongsan-gu Seoul, Yongsan-gu, Seoul, by taking advantage of the gaps in surveillance negligence, 1 bicycle riding at the victim E-owned market value equivalent to KRW 300,000,000, being installed in that place;

2. Around 00:00 on July 2, 2015, the Defendant, at the front of Yongsan-gu, Yongsan-gu, Seoul, Yongsan-gu Office located in Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul, by taking advantage of the gaps in surveillance, destroyed and stolen one bicycle under the market price, which is the victim’s name and unclaimed winner, who was located in that place.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

1. Defendant's legal statement;

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

1. E statements;

1. Investigation report (to hear statements from victims E phone and confirm the place of damage);

1. Each protocol of seizure, the list of seized articles and photographs thereof;

1. Previous convictions: nine copies of criminal records, written judgments, and printed materials; and

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