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(영문) 서울중앙지방법원 2016.06.02 2016고단2276
상습절도등
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

1. From April 11, 2016 to April 11, 2016, the Defendant habitually stolen another’s property 14 times in total from around 201 to April 11, 2016, including that he/she had five cellular phones in the victim U on the galthro, the market price of which is equivalent to KRW 900,000, on the galth of the victim U, located on the 2nd floor of the Gangnam-gu Seoul Building, Gangnam-gu Seoul Building, and that he/she stolen another’s property, as shown in attached Table 1, from around 2011 to April 11, 2016.

2. From May to June, 201, the Defendant found one copy of a resident registration certificate owned by the victim G, who is located away from the lecture room of the Nam-gu Incheon Metropolitan City, where the victim G was lost, due to the loss of the victim’s family room located outside the lecture room of the Nam-gu, Incheon Metropolitan City.

Defendant (a) did not follow necessary procedures, such as returning the goods acquired as above to the victim, but embezzled the said goods as he/she had, and then embezzled from around that time to around 2014, and embezzled the property that left the possession of another person three times in total as shown in the attached Table 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol of the police concerning V;

1. A statement of U, W, K (X), Q, and Y;

1. A protocol of seizure and a list of seizure;

1. Photographss of seized articles, CCTV images of thiefs, and investigation reports (verification report on the details of damage inflicted on the victim);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the number of crimes, frequency of crimes, and the fact that the same kind of crimes are repeated several times;

1. Relevant legal provisions concerning criminal facts, Articles 332, 329 of the Criminal Act (Habitual larceny, choice of imprisonment), and Article 360 (1) of the Criminal Act (the embezzlement of deserted articles in possession, the choice of imprisonment with prison labor) of the same Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds of sentencing as follows);

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The reason for sentencing of Article 333(1) of the Return Criminal Procedure Act is that the Defendant returned to entertainment establishments, thereby confusioning.

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