상습절도
2015 Highest 4086 Habitual larceny
A, Japan and Japan
Residence
Reference domicile
○○ (Lawsuits) and ○○ (Public Trial)
Attorney ○○○ (Non Line)
October 7, 2015
A defendant shall be punished by imprisonment for not less than one year and six months.
Facts of crime
On May 16, 1994, the Defendant was sentenced to two years in Seoul High Court to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) and was sentenced to eight months in imprisonment with prison labor in Seoul Southern District Court on November 30, 199, and was sentenced to one year in imprisonment with prison labor in Seoul Southern District Court on February 21, 2002, and six months in June 2004.
15. In Daegu District Court, one year and six months were sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and on September 10, 2008, the Seoul Central District Court sentenced three years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief). On June 13, 2013, the Seoul East East District Court sentenced one year and four months to imprisonment for a special larceny at the Seoul East District Court, and completed the execution thereof on July 29, 2014.
피고인은 결혼식장에서 마치 혼주의 가족 등 정당하게 축의금을 접수받는 사람인 것처럼 행세하여 손님이 건네준 축의금을 가로채기로 마음먹고, 2015. 6. 20. 13 : 30 경부터 14 : 30경 사이 서울 서초구 강남대로 OOO OOOOOO 결혼식장에서 신랑측 혼주인 피해자 B의 축의금 접수대 부근을 서성거리다가 하객들이 몰려들어 혼잡한 틈을 이용하여 혼주 측에서 축의금을 접수하는 것처럼 행세하여 손님으로부터 축의금 봉투를 건네받고, 축의금을 접수하는 사람에게 식권을 받아 축의금 봉투를 낸 하객에게 식권을 건네주는 방법으로 모두 4차례에 걸쳐 피해자 소유인 7개의 봉투에 들어있는 축의금 합계 135만원을 가로챘다 .
Accordingly, the defendant habitually stolen the victim B's property.
Summary of Evidence
1. Statement of the accused in the first protocol of trial;
1. The police statement concerning B;
1. On-site ctv course photographs;
1. Previous convictions in judgment: Investigation report (former and report), copy of the judgment;
1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the fact that the same kind of crime has been committed several times in a planned manner;
1. Article relevant to the facts constituting an offense and the selection of punishment;
Articles 332 and 329 (Aggravated thief, inclusive) of the Criminal Act, the choice of imprisonment
1. Aggravation for repeated crimes;
Article 35 of the Criminal Act
The sentencing conditions indicated in the records of this case, such as the following circumstances and the defendant’s age, character and conduct, family relationship, home environment, motive and means of crime, and the circumstances after the crime, shall be determined as ordered in full consideration.
○ Unfavorable Circumstances: The Defendant has a number of criminal records of the same kind and criminal records beyond the suspension of execution. The Defendant committed the instant crime repeatedly and repeatedly during the period of repeated crime due to the same criminal act. The Defendant did not agree with the victim or did not make efforts to recover damage.
The circumstances favorable to ○: the Defendant committed the instant crime while making efforts to maintain his/her livelihood by preparing for a stock farm after being released from the military court on April 2014. The Defendant committed the instant crime. The Defendant’s mistake is divided into his/her own fault and is in profoundly against it.
Judges Kim Jong-kon