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(영문) 수원지방법원 성남지원 2018.09.21 2018고단1723
상습절도등
Text

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

Reasons

Punishment of the crime

[criminal record] On January 26, 2015, the Defendant was sentenced to a summary order of 2 million won for the crime of unlawful use of motor vehicle, etc. in the Sungnam support center, and on January 25, 2016, the same court issued a summary order of 500,000 won by larceny, etc., and on July 13, 2016, the same court was sentenced to a suspended sentence of 10,000 won by larceny, etc. on October 20, and on April 20, 2017, the Defendant was released from parole on April 30, 2018 during the execution of the sentence and passed on July 27, 2018.

[Criminal facts]

1. On August 12, 2018, at the center of Gwangju City around 22:45, the Defendant: (a) discovered a DNA car car owned by the victim C, which was parked in and parked in the street near the city of Gwangju, with the start-down movement; (b) opened a driver’s seat that was not corrected by using the crepan in which the victim was locked; and (c) cut off the said car into the passenger car after entering the car.

Accordingly, the defendant habitually stolen the victim's property.

2. On August 12, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license, driving a D Karen car in the section of about 33 km from the 194-5, the center of Gwangju city, the center of Han-do, Han-ro, Han-do, through the road near the Han-do, where the difficulty of Gwangju city is located, and through the road located near the Han-do, the 11-ro, Han-si, Jeon-si, Gwangju-si, the Defendant used D Karen car in the section of around 33 km to the near road.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. The driver's license ledger;

1. Previous conviction and habituality of the judgment: The application of Acts and subordinate statutes recognizing habitive walls in light of the inquiry letter, such as inquiry about criminal history, the personal confinement status, investigation report (such as the same type of criminal records), summary order, records of the same crime including the records of juvenile protective disposition recognized by the judgment, etc., methods of crime, frequency of crimes, etc.;

1. Article 332 of the Criminal Act applicable to the crime and Article 332 of the choice of punishment.

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