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(영문) 창원지방법원 2016.05.27 2016고단398
상습절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 18, 2009, the Defendant was sentenced to a summary order of KRW 500,00 to a fine of KRW 500,000 for larceny; on June 21, 2010, the same court was sentenced to a fine of KRW 300,000 for the same crime; on September 16, 2010, the same court was sentenced to a fine of KRW 500,000 for the same crime; on September 11, 2013, the court was sentenced to a summary order of KRW 60,000 for the same crime; on December 2, 2013, the Defendant was sentenced to a summary order of KRW 70,000 for the attempted larceny at the same court; on December 6, 2013, the same court was sentenced to a fine of KRW 400,000 for the same crime; on October 22, 2014, the Defendant was sentenced to a fine of KRW 300,006.

1. On January 25, 2016, at around 15:16, the Defendant: (a) placed in the F Cosmetics shop in the E 1st floor located in Kimhae-si, Kimhae-si, the Defendant: (b) placed one bottle of the effective non-exploited milk in a provisional room, which is worth KRW 47,000, the market price managed by the victim G, in advance; and (c) stolen it.

2. 피고인은 2016. 2. 1. 16:30 경 창원시 성산구 H에 있는 I 마트에서 피해자 J이 관리하는 시가 49,000원 상당의 스타 플라워 스퀘어 백 팩 1개, 시가 19,296원 상당의 한우사태 1 팩, 시가 10,000원 상당의 쭈꾸미 볶음 1 팩, 시가 4,900원 상당의 다용도 튀김 집게 1개 등 합계 83,196원 상당의 재물을 미리 준비해 간 가방에 넣어 가지고 가 절취하였다.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G and J;

1. Receipts and photographs of damaged articles;

1. Investigative report (Attachment of photographs of damaged articles), investigative report (specific description of the amount of damage), theft prevention home, and photographic photographs of the tools of crime;

1. Previous convictions in judgment: Investigation report (Attachment of the text of the judgment), investigation report, previous convictions in disposition, and reporting results;

1. Habituality of judgment: The records of each crime in the judgment, the number of crimes, the frequency of crimes, and the same kind of crimes are repeated in a planned and organized manner;

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