Habitual thief

The seized AK Plaser's 10,000 won merchandise coupons 2 (No. 1), 10,000 won merchandise coupons 10,000 won per modern department store (No. 2), 1 merchandise coupons 10,000 won per new world (No. 3), 1 merchandise coupons 50,000 won merchandise coupons 50,000 won per cuador's 10,000 won merchandise coupons 5, respectively, shall be returned to the victims' names.

On December 11, 1990, the Defendant was sentenced to imprisonment with prison labor for a short term of ten months and one year at the Seoul Central District Court for larceny, and ten months at the same court on September 9, 1992; imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul East District Court on July 11, 1997; imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Suwon District Court on September 13, 2002; imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Suwon District Court on April 13, 2005; on December 22, 2009, and completed the execution of the sentence on April 13, 201.

On January 1, 2013, the Defendant, at the bus stops located in Gwanak-gu in Seoul Special Metropolitan City, 18:00 to 21:00-21:00, placed the hand in the bank located in the new forest bus stops in Gwanak-gu, Seoul Special Metropolitan City, puts the hand in the victim's home room where the victim's name cannot be known by using the complicated gap, and cut off one wall in the market price, which includes 10,000 won in cash, the victim's ownership, 10,000 won in KRW 10,00 in KRW 10,00 in KRW 10,00 in KRW 10 in KRW 10,00 in the new world.

From March 5, 2013 to March 19:48, 2013, the Defendant habitually stolen money and valuables worth KRW 4,550,000, in total, five times as shown in the annexed Table of Crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared by C;

1. Records of seizure and the list of seizure;

1. Gathering photographs of a national bank, a company bank, or CCTV image data extracted, and photographs of seized articles;

1. Previous records: Criminal records and other inquiries; current status of confinement of each individual, and investigation reports (Attachment to a written judgment);

1. Habituality of judgment: Recognition of dampness in light of the records of each crime, the frequency of crimes, the number of crimes, and the same kind of crimes under the judgment;

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. Return:

Article 333(1) of the Criminal Procedure Act

Reasons for sentencing

1. Scope of recommended sentences according to the sentencing criteria;

[Determination of Punishment] thief, thief for general property, 3 types (large thief)

Special Sentencings : Mitigation elements: Living-type crimes;

Aggravations: In cases of repeated crimes of the same kind which do not correspond to specific crime Aggravated Punishment, and habitual crimes:

[Recommendation and Scope of Recommendation] Aggravation (Instigious Selection), Imprisonment with prison labor for one year to three years

2. Determination of sentence: Three years of imprisonment; and

The crime of this case is a theft of gift certificates, cash, cards, etc. from victims using the gap that the defendant habitually gets on board by many people, and the crime of this case is not less exceptionally in light of the method of crime and the amount of damage, etc. although the defendant had been punished for the same crime six times, he/she again committed the crime of this case during the period of repeated crime.

In addition to the previous crime, the risk of recidivism is high. The Defendant, using a stolen card, withdrawn deposits from the victim’s deposit account, and did not recover any damage to the victims. Considering these circumstances, the Defendant need to strictly punish the victims.

However, the fact that the defendant recognizes his mistake and commits a crime in an economically inadequate situation is considered as favorable to the defendant. In addition, considering the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, all of the sentencing conditions specified in the records and arguments of this case, the punishment as ordered shall be determined.

Judges Park Jong-soo

Judges Kim Jae-nam