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(영문) 서울중앙지방법원 2015.08.19 2015고단4055
상습절도
Text

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

Reasons

Punishment of the crime

On October 10, 2003, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny at the Seoul Western District Court on July 27, 2007. On April 23, 2010, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Busan East District Court’s East Branch, and on May 31, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Busan Western District Court on February 1, 2014, and was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On July 4, 2015, at around 01:53, the Defendant, while drunk at the bus stops located in Jongno-gu Seoul Metropolitanro 72-1 (Sero 2A), she laid off a opon6 flus and a flus number of employees equivalent to KRW 900,000 in the market price owned by the victim at the home of the victim C who was divingd.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of the police statement regarding C;

1. Photographs of seized articles;

1. Previous convictions in judgment: Criminal records and investigation reports (report on the date of release of a suspect);

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records, etc. of each crime;

1. Relevant Articles of the Criminal Act and Articles 332 and 329 of the Criminal Act concerning the crimes;

1. In light of the fact that a repeated crime commits the same kind of crime with the reason for sentencing Article 35 of the Criminal Act among repeated crimes, and that it constitutes a repeated crime, a sentence is inevitable for the defendant to be sentenced.

However, the punishment shall be determined as ordered in consideration of the circumstances shown in the arguments, such as the age, character and conduct of the defendant, motive and circumstance of the crime, and circumstances after the crime, etc., in consideration of the fact that the error is divided, the damaged goods have been seized and returned to the victim, etc., as favorable to the defendant.

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