beta
(영문) 춘천지방법원 강릉지원 2019.10.18 2019고단1035

상습절도

Text

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

Reasons

Punishment of the crime

[Criminal Power] On August 23, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for habitual larceny in the Youngcheon District Court’s Yeongdeungpo Branch Branch of the Chuncheon District Court on August 23, 2016, and on August 19, 2018, completed the execution of the sentence in the Western District Office of the Red Prison on August 19, 201

【Criminal Facts】

At around 15:00 on May 17, 2019, the Defendant, at the “E” convenience store managed by the victim D located in C, as a general manager, used a gap in the victim’s surveillance in which the victim D in C was neglected, carried out food equivalent to KRW 35,800 in the market value, such as one milk, in advance, and put it in a guard room, etc., and carried out thereafter. From around that time to August 30, 2019, the Defendant used food equivalent to KRW 248,300 in the “E” store and “F” house, which are managed by the victim for a total of six times during the period from around that time to August 30, 2019.

Accordingly, the Defendant habitually stolen the property managed by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and G;

1. [Report on internal investigation (Perusal, etc. of CCTV data - CCTV images taken in the course of committing a crime committed against a person under suspicion] and report on investigation (suspects);

8. 30. Confirmation on the face of a theft - The suspect;

8. 30. Punishment of crimes;

1. Receipts:

1. Records before and after judgments: Criminal records, reply reports (the current status of acceptance by individuals (the previous records and confirmation of a suspect), each judgment, and summary order);

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

1. Articles 332 and 329 of the Criminal Act applicable to the crimes;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of punishment by law: One month to eighteen years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] for larceny in general property [Type 2] general larceny [Special Aggravation] mitigated factors: The factors that are not subject to the aggravation of punishment: The recommendation area for repeated crimes of the same kind and habitual crimes that are not subject to the aggravation of specific crimes; and