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(영문) 서울남부지방법원 2017.11.21 2017고단4521
상습절도
Text

1. The defendant shall be punished by imprisonment with prison labor for a year and eight months;

2. The victim shall be a person (No. 3) who has been seized.

Reasons

Punishment of the crime

[criminal records] On February 4, 2016, the Defendant was sentenced to imprisonment with prison labor for habitual larceny, etc. at the Seoul Southern District Court (Seoul Southern District Court) on one year and six months, and on May 24, 2017, at the Seoul Southern District Court (Seoul Southern District Court) on seven times in total, such as termination of the execution of the sentence.

[2] In order to prepare living expenses, the Defendant: (a) opened a door of a vehicle without correction while returning to the backway, parking lot, etc.; and (b) stolen things inside the vehicle.

around 02:00 on July 4, 2017, the Defendant: (a) opened a new profit-making sport parking lot located at 20-10,000 south-dong, Yangcheon-gu, Seoul; (b) opened a door of DMW car owned by the victim C and brought about KRW 1.5 million in cash in the vehicle located therein; and (c) from that time up to September 2, 2017, up to September 2, 2017, up to 03:00, KRW 8.310,000 in total, as indicated in [Attachment] No. 1-11-11, and 16-18,000 in total, including the list of crimes, 12-15 times per annum.

Accordingly, the defendant habitually committed a theft or attempted theft of property owned by the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of E, C, F, G, H, I, J, K, L, M, N,O, P, and Q;

1. Photographs of a record of seizure (voluntary submission), list of seized articles, photographs of seized articles, CCTV photographs, and CCTV-cape;

1. Investigation reports (victim R telephone conversations), investigation reports (victim S telephone conversations), and investigation reports (victim T telephone call);

1. Previous convictions indicated in judgment: A reply to inquiry, such as criminal history, report on investigation (prior convictions of suspects and confirmation of repeated crimes), and current status of personal expropriation;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Relevant provisions of the Criminal Act and Articles 332, 329, and 342 of the Criminal Act (Habitual larceny and choice of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 333 (1) of the Return Criminal Procedure Act;

1. Bearing the costs of lawsuit;

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