logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2016.07.06 2016고단513
상습절도
Text

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

Reasons

Punishment of the crime

From May 15, 2016 to May 22, 2016, the Defendant: (a) committed a theft of KRW 21,000 at the victim D’s house located in Gangseo-gun Hongcheon-gun, with the market price equivalent to KRW 21,00,00; (b) the Defendant committed a theft of KRW 5 salary bars, KRW 3 bottles, and KRW 2 bottles; (c) from December 2, 2015 to May 2, 2016, the Defendant committed a theft of KRW 701,50 in total on ten occasions, as indicated in the list of crimes, from around December 2, 2015 to May 2016; and (d) attempted to steal the victim’s property on one occasion, but failed to discover any other things.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement in D, E, F, G, H, I, J, and K Preparation;

1. Investigation report (the grounds why the report is not accompanied by the victim L, M verification and damage protocol);

1. Habituality: The defendant was sentenced to a suspended sentence of two years on September 12, 2014 by the Chuncheon District Court on September 2, 2014 due to night intrusion larceny and sentenced to a suspended sentence of two years on September 12, 2014. The judgment became final and conclusive on September 12, 2014. In light of the following: (a) the details of each of the crimes in the judgment are similar to those of the instant crimes; (b) the method and frequency of the crimes; and (c) the same type of

1. In all of the relevant provisions of the Criminal Act and Articles 332, 329 (Habitual thief), 342, and 329 (the crime of habitual thief) of the Criminal Act regarding criminal facts, the sentencing guidelines for habitual thief under the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) are provided, but no separate sentencing guidelines are set for habitual thief under the Criminal Act.

There are extenuating circumstances such as the Defendant’s misunderstanding, the total amount of theft damage of this case is not significant, and certain victims do not want punishment against the Defendant.

On the other hand, the defendant is under suspension of execution for the same crime.

arrow