beta
(영문) 서울동부지방법원 2017.12.22 2017고합342

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Seized nibs (No. 1) shall be confiscated.

Reasons

Punishment of the crime

【The Defendant was sentenced to a summary order of a fine of three million won for larceny, etc. on December 28, 2012; on August 28, 2013, the Seoul Eastern District Court was sentenced to a fine of three million won for larceny; on October 1, 2013, the Seoul Southern District Court was sentenced to a summary order of three million won for larceny; on November 27, 2014, the Defendant was sentenced to a suspended sentence of two years for one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Northern District Court; on October 30, 2015, the Defendant was sentenced to a prison sentence of ten months for habitual larceny at the Seoul Northern District Court, and on April 6, 2017, the Defendant was sentenced to a prison sentence of imprisonment with prison labor from the Seoul East East District Court to the last sentence of imprisonment with prison labor on August 28, 2017.

[Criminal Facts]

1. 피고인은 2017. 10. 17. 18:00 경 서울 강동구 C에 있는 피해자 주식회사 홈 플러스 운영의 D 지하 2 층 와인 매장에서, 피해자 소유인 시가 349,000원 상당의 ‘Y 쁘 띠 무똥 드 무 똥 로 칠드’ 1 병, 시가 379,000원 상당의 ‘K 쁘 띠 무똥’ 1 병, 시가 269,000원 상당의 ‘Y 샤또 레 오빌 라 스꺄즈’ 1 병을 카트에 담아 CCTV를 피하여 지하 1 층 상품 진열대 사이로 들어가 미리 준비한 니퍼로 와인 병에 붙어 있는 도난방지택을 제거한 후 위 와인 3 병을 가방에 넣어 대금을 결제하지 않고 몰래 가지고 나와 절취하였다.

2. On October 19, 2017, around 17:15, 2017, at a store with the second underground floor of the victim’s operation in Songpa-gu Seoul, Songpa-gu, Seoul, the Defendant cut off “K Clovas Babs Baki” equivalent to KRW 890,000, the market price of the victim, in the same manner as the preceding paragraph, equivalent to KRW 1 Byung, the market price of which is the victim, and KRW 399,000, the market price of which is equivalent to KRW 39,000.

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. The police of H. H.