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(영문) 서울동부지방법원 2017.09.21 2017고합249

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal records] On December 2, 2011, the Defendant was sentenced to three years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Northern District Court, and on November 18, 2015, the Defendant was sentenced to imprisonment with prison labor for habitual larceny, etc. at the Seoul Central District Court and completed the execution of the sentence at the Gwangju District Court on April 6, 2017.

[Criminal facts]

1. On July 29, 2017, at around 20:30 on July 29, 2017, the Defendant entered a food shop in the Seoul Gwangjin-gu Seoul Special Metropolitan City, using a gap in which surveillance by the victim E, who is an employee of the security team, was neglected, and used in the above D food display room, the victim E, who is an employee of the security team, entered the above D food room, such as one factoring in the total market price of KRW 70,00,000 in the victim’s management, and then entered the clothing room into the boom, and then put it in a preparatory verification color room.

2. On July 29, 2017, at around 20:45, the Defendant, within the first floor G Mart store in Gwangjin-gu Seoul Special Metropolitan City, was placed in the victim H by taking advantage of the gaps in surveillance of the victim H in the said G Mart display room, using the gap in the victim H, one half of the age of 73,000 won and one half of the market price of the victim’s management, which is the age of 25,000 won.

3. On July 29, 2017, at around 20:53, the Defendant: (a) placed in the Seoul Gwangjin-gu Seoul Special Metropolitan City, J in the first floor S 101 K store using the gaps in which surveillance of the victim L was neglected; and (b) placed in the above K store in a way that the victim management market price of KRW 119,00,000 of the victim’s phone earphones prepared in advance.

4. On August 4, 2017, at around 21:25, the Defendant, at the same place as indicated in the foregoing paragraph 2, has been using a gap in which the surveillance of the victim H was neglected, and has been displayed in the store display stand, one half of the age of 73,000 won in the market price of the victim’s management, which was displayed in the store display stand.

Accordingly, the defendant habitually stolen the victims' property four times in total.