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(영문) 서울중앙지방법원 2018.5.11. 선고 2017재고합47 판결

특정범죄가중처벌등에관한법률위반(절도)인정된죄명상습절도]

Cases

2017 Inventory 47 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)

Habitual thief】

Defendant

A

Prosecutor

Kim Jong-soo (Public prosecution), Kim Jong-chul (public trial)

Defense Counsel

Attorney S (National Ship)

Imposition of Judgment

May 11, 2018

Text

A defendant shall be punished by imprisonment for a term of three years and eleven months.

One set of release on bail (No. 26) that has been seized shall be confiscated.

압수된 롯데 10만 원 상품권 1매(증 제14호), 다이아몬드 0.31캐럿 1개(증 제16호), 18K 여성용 반지 (0.82돈) 1개(증 제17호), 청색 사파이어 5개(증 제18호), 백색 큐빅 1개(증 제19호), 샤넬 손목시계(모조품) 1개(증 제20호), 은목걸이 팔찌 세트(모조품) 2개(증 제23호), 금색 은색 귀걸이(모조품) 4개(증 제24호), 은색 목걸이(모조품) 1개(증 제25호), MCM 여성용 장지갑 1개(증 제27호), 갈색 크로스백 1개(증 제28호), 롯데 5만 원 상품권 1매(증 제29호)를 피해자 성명불상자에게 환부하고, 압수된 일만 원 권 504 장(증 제10호), 오만 원 권 14장(증 제11호), 100원 동전 3개(증 제12호), 50원 동전 1개(증 제13호)를 피해자 성명불상자에게 교부한다.

Reasons

Criminal facts

【Criminal Power】

On May 12, 2006, the Defendant was sentenced to three years of imprisonment by the Seoul Northern District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and on February 2, 2010, the Seoul Northern District Court sentenced four years of imprisonment by the Seoul High Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the said sentence in a female prison on August 19, 2013, and the same criminal records are more than six times.

【Criminal Facts】

On May 24, 2014, at around 18:00, the Defendant: (a) intruded with an inner bank through the 102,00 Units C apartment units 102,00,000, and the victim D’s house; and (b) stolen the crepit with precious metal of KRW 5,000,000,000 in total, which was kept in the cremation box, and had been stored in the cremation box, etc., the victim owned by the Defendant; and (c) stolen the said crepit with 4,940,00 won with precious metal, such as 1,000 won, 1,000,000,000 won, and 2,000 won, in total.

In addition, from around that time to July 4, 2014, the Defendant stolen the total amount of KRW 24,520,000 in five times in the same manner as the list of crimes in the attached Table. Accordingly, the Defendant habitually stolen the victims’ property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each statement of F, D, G, and H;

1. Each investigation report (specific suspect's identity, analysis of CCTV generation near the place of occurrence, investigation into the details of damage to damaged articles), and report on internal investigation (field status and confirmation of the suspect's oil material);

1. Photographs;

1. Each protocol of seizure;

1. Previous convictions in the judgment: Criminal history records, investigation reports (Attachment of the same criminal records as a suspect), confirmation reports on the date of release, and habituality of the judgment in the judgment in the judgment in the judgment in the first instance: In light of the criminal records, criminal records, criminal methods, frequency of crimes, and the fact that the criminal acts of the same kind are committed again during the period of repeated crime after release, etc., the criminal defendant is

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 332 and 329 (Generally, Selection of Imprisonment) of the Criminal Act

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Confiscation;

Article 48(1)1 and 1. Return of victims under the Criminal Act

Article 333(1) of the Criminal Procedure Act

1. Delivery of victims;

1. Scope of applicable sentences by law: Imprisonment with prison labor for a month from 15th to 18 years;

2. Determination of sentence;

Although the Defendant had been punished for the same kind of crime several times, repeatedly committed the larceny of this case during the period of repeated crime. Moreover, even though the victims suffered considerable damage due to the instant crime, most of the victims have not been recovered. This is an unfavorable circumstance to the Defendant.

However, the Defendant, from the investigative agency to the court of the instant case, led to the confession and reflect of all criminal facts, and endeavoring to acquire a certificate of qualification or to transfer technology to the victims in order to have a normal occupation in the future. In addition, some of the damaged goods were returned to the victims. This is the circumstances favorable to the Defendant.

The punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, family relationship, circumstances after the crime, etc. of the defendant.

It is so decided as per Disposition for the above reasons.

Judges

The presiding judge and the deputy judge;

Regular Category of Judges

For judges the last place:

Attached Form

A person shall be appointed.