beta
(영문) 서울중앙지방법원 2016.06.08 2016고단2342

상습절도

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates the static point with the trade name "E" in Gwanak-gu in Seoul Special Metropolitan City, and the defendant has stolen the static land from the large Matchopp, which makes it difficult to operate the static point and sold it at the static point of the defendant.

On April 11, 2016, around 20:51, the Defendant: (a) made use of the gaps in which the surveillance of pointrs in “G” located in “G” located in “G” in Seocho-gu Seoul, Seocho-gu, Seoul; (b) made up 2 factorings, such as Korea-style, the market price of the Plaintiff, which is equivalent to KRW 800,000, which is owned by the Dispute Settlement Bank Copp, and went through the following calculations.

From February 1, 2016 to April 11, 2016, the Defendant carried out 3,158,650 won in total in the market price of the victim by the same method as the list of crimes in attached Form 10 times.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I, J, and K;

1. Each investigation report (including the list of evidence Nos. 7, 9, 11, 13, and accompanying materials);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method of crime, frequency of crime, and the fact that the same kind of crime has been committed in a planned and organized manner;

1. Relevant Article 332 of the Criminal Act and Articles 332 and 329 of the Criminal Act and the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201

1. It is so decided as per Disposition on the grounds of protection observation and community service order under Article 62-2 of the Criminal Act or more;