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(영문) 서울동부지방법원 2020.02.07 2019고단3891
상습절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

On July 23, 2014, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Eastern District Court on October 23, 2014; on December 3, 2014, the Defendant issued a summary order of KRW 1 million as a fine for larceny at the Suwon District Court on July 10, 2015; on April 13, 2018, the Defendant was sentenced to imprisonment with prison labor for habitual larceny at the Seoul East East Eastern District Court on April 13, 2018; on November 4, 2019, the Defendant completed the execution of the final sentence at the Seoul East East District Court on November 6, 2019.

Criminal facts

On December 6, 2019, at around 03:14, the Defendant came to the second apartment parking lot in Gwangjin-gu Seoul Special Metropolitan City, 2019, and opened a door that is not locked by the victim C's D white QM6 car that is parked in other areas, and kept in custody in receipt, the Defendant carried out a 200,000 won of the market price with the cash 90,000 won, driver's license, new card, etc.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A report on internal investigation (Attachment of a photograph of seized articles), investigation report (Attachment of a photograph of the background of arrest and CCTV to the crime before and after the crime is committed);

1. CCTV photographs;

1. Records of seizure and the list of seizure;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports ( repeated offenses, previous records and confirmation), the current status of confinement of individuals, and written judgments;

1. Habituality of the judgment: The defendant has several criminal records of the same kind, such as the records of criminal records, and the repeated crime of the larceny of this case is committed again during the period of repeated crime, and the habition of the larceny is recognized in light of the Criminal Code, etc.

Application of Statutes

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

1. Article 35 of the Criminal Act among repeated offenders (Article 35 of the Criminal Act) (Article 35 of the Criminal Act is a criminal record of larceny in the judgment that completed the execution of a sentence on November 6, 2019).

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