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(영문) 서울중앙지방법원 2016.06.16 2016고단2782
상습절도
Text

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

Reasons

Punishment of the crime

[criminal records] On November 24, 2015, the Defendant was sentenced to four months of imprisonment with prison labor for larceny at the Seoul Central District Court on December 22, 2015 and completed the execution of the sentence at the Seoul Detention Center.

In addition, on December 8, 2010, the Defendant was sentenced to a summary order of KRW 300,000 as a fine for larceny at the Seoul Central District Court on March 9, 201, to a summary order of KRW 1 million as a fine for larceny at the Seoul Central District Court on November 9, 201, to a summary order of KRW 1 million as a fine for larceny at the Seoul Central District Court on December 9, 201, to a summary order of KRW 500,000 as a fine for larceny at the Seoul Western District Court on December 5, 2011, to a summary order of KRW 500,000 as a fine for larceny at the Seoul Western District Court on March 6, 2012, and was sentenced to a suspended sentence of KRW 6 months at the Seoul Central District Court on September 14, 2012, and was habitually sentenced to imprisonment with prison labor at the Seoul Central District Court on May 22, 2013 (Aggravated Punishment).

[2] In a situation where the Defendant had no capacity to discern things or make decisions due to mental fissions, on May 4, 2016, at around 04:50 on May 4, 2016, the Defendant habitually stored in the Defendant’s house by gathering two copies of 158,000 won in total of the market price managed by the victimized Party E, using the gaps in the management of the victim E, who is an employee, in front of the D Articles 1 and 26 of the Seoul Jung-gu Seoul Metropolitan Government Building, around May 4, 2016.

Summary of Evidence

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. The police written statement of E;

1. Data on photographs of damaged articles;

1. Image data after a CCTV closure;

1. CCTV images;

1. A report on investigation (for mental illness of a suspect),

1. Previous convictions: Inquiry into criminal history, investigation report (the confirmation report on the date of release of the suspect), investigation report (Attachment to the judgment of the same criminal suspect case);

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

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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