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(영문) 대구지방법원 2017.06.23 2017고합45

특정범죄가중처벌등에관한법률위반(절도)

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A defendant shall be punished by imprisonment with prison labor for not more than ten months.

The seized Geum River Gift Certificates 100,000 won (Evidence No. 4) and the New World Gift Certificates.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to one year and four months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on September 15, 2014, and on May 31, 2016, the same court was sentenced to ten months of imprisonment for habitual larceny at the same court on May 31, 2016, and on October 20, 2016, the Seoul Detention Center had the same criminal records in addition to the completion of the execution of the sentence 19 times more.

The Defendant had weak ability to discern things or make decisions due to the on-site illness, shocking disorder, etc.

[Criminal facts]

1. On December 3, 2016, the Defendant: (a) at the Jongno-gu Seoul Jongno-gu Seoul Metropolitan Government “E store,” the victim F, a customer, laid a door on the display site; (b) taken advantage of the gaps in which he was negligent in monitoring precious metal on the display site; and (c) stolen the victim’s cash amounting to KRW 80,000,000 and KRW 430,000,000,000,000, of the market value of Samsung Handphone, which is equivalent to KRW 620,000,000.

2. On January 26, 2017, the Defendant: (a) took advantage of the gaps in which the victim I, a customer, was negligent in monitoring his/her life to commit fraud; (b) 488,000 won in cash, which was owned by the victim; (c) 1 in red foreign paper closure; and (d) one influence of the market price in which the credit card, etc. was located; and (c) 1 influence of the victim.

In other words, they stolen them.

3. On January 26, 2017, the Defendant: (a) committed theft by having two new global merchandise coupons in the face value of KRW 50,000,00,000, the market price of which is the victim’s possession, located on his/her own seat; and (b) having one Geum River merchandise coupon in the face value of KRW 1,00,000,000, the market price of which is equivalent to KRW 50,000,00,000.

As a result, the defendant was habitually sentenced to the crimes of Article 329 of the Criminal Code at least twice and again committed the crimes of Article 329 of the Criminal Code within three years after the execution of the sentence was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A statement of F;