beta
(영문) 서울중앙지방법원 2016.02.05 2016고단9

상습절도

Text

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

Reasons

Punishment of the crime

[Attachment] The defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Incheon District Court on December 30, 1996 and the same judgment became final and conclusive on March 26, 1997. On July 30, 2004, the Incheon District Court sentenced six months of imprisonment with prison labor for larceny at the Incheon District Court on October 14, 2004. On February 3, 2006, the same judgment was sentenced to two years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Incheon District Court on March 31, 2006; on March 25, 2013, the judgment became final and conclusive on September 6, 2013; and on March 26, 2015, the Seoul District Court was sentenced to imprisonment with prison labor for a specific crime of larceny from the same Act on March 15, 2015.

[Criminal facts]

1. On November 23, 2015, at around 19:22, the Defendant: (a) committed a theft with a 3 gambling room (20,00 won per 1 gambling room) equivalent to 60,000 won at the market price of the victim’s possession in the offland (E) where the victim D parked on the road of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, with a view to walking a tent covering the animal partitions.

2. On December 5, 2015, around 02:58, the Defendant: (a) committed a theft with dry water equivalent to 4.30,00 won of the market price owned by the victim who was in the street store in front of the Seoul Jongno-gu Seoul Metropolitan Government F building, walking a tent covering the street store sales stand, and was in the street store sales stand; and (b) thefted with dry water, such as d.30,000 won of the market price owned by the victim.

3. On December 9, 2015, the Defendant, at the same time and in the same manner at the places as indicated in the foregoing paragraph 2. Around December 9, 2015, the Defendant: (a) stolen dried fish products, such as defrising and bruising 280,000 won at the market price owned by the said victim;

Accordingly, the defendant habitually stolen the total amount of 770,000 won owned by the victims three times.

Summary of Evidence

1...