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(영문) 서울중앙지방법원 2015.08.19 2015고단1974

상습절도등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On December 17, 2008, the defendant was sentenced to 6 months of imprisonment with prison labor for larceny and 2 years of suspended sentence in Seoul Southern District Court, and on June 9, 2015, the defendant was sentenced to 2 months of imprisonment with prison labor for the crime of larceny at night at the Ulsan District Court on June 9, 2015 and is still pending in the appeal court.

1. On September 25, 2014, the Defendant habitually stolen 85,000 won in cash owned by the Victim C from the wall, where the victim C was set up in the rest room in a sponsor hospital in Seodaemun-gu Seoul Metropolitan Government, at around 22:40 on September 25, 2014.

In addition, from around that time to March 28, 2015, the Defendant attempted to steal or steal money and valuables worth KRW 24,936,000 in total in the same way over 37 times as indicated in the annexed crime list.

2. On March 20, 2015, the Defendant found one of the 15,000 won in cash, which was owned by the victim D, in front of the withdrawal hole No. 4 located in Guro-gu Seoul Metropolitan City, Guro-gu, Seoul, at around 23:00, on the street, the victim D was lost, and one of the 50,000 won in the market price containing the large forest basin No. 4 located in Guro-gu, Guro-gu.

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E, D, F, G, H, and C;

1. Each written statement of I, J,K, L, M, N,O, Q, R, S, M, V, M, X,Y, Z, AA, AB, AC, AD, AE, and AF;

1. Protocols of seizure, lists of seizure, and photographs of seized articles (Evidence Nos. 4, 5, 6);

1. Each CCTV, etc. (Evidence Nos. 9, 18, 22, 26, 29, 32, 35, 39, 41, 44, 52, 55, 58, 62, 67, 70, 71, 74, 77, 77, 37, 45, 9);

1. Details of withdrawals by cash, or photographs to be withdrawn by cash (Evidence Nos. 48, 49);

1. Previous convictions in judgment: Criminal records and investigation records of the same kind;