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(영문) 서울북부지방법원 2018.04.11 2018고단675

상습특수절도

Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by a fine of three million won.

Defendant

B The above fine.

Reasons

Punishment of the crime

[criminal history] On February 15, 2007, Defendant A was sentenced to a suspended sentence of 8 months by larceny, etc. at the District Court of the Republic of Korea on February 17, 2015, Defendant A was sentenced to a suspended sentence of 10 months by imprisonment with prison labor for larceny, etc. at the above court on February 17, 2015, and completed the execution of the sentence at the Speaker’s prison on January 28, 2016.

[Criminal facts]

1. On October 28, 2017, at around 05:00, Defendant A left the “F” store operated by the victim E in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, and destroyed and damaged the said glass door, and Defendant infringed inside the store and went back with 150,000 g of the market price in excess of 150,000.

In addition, from the end of May 2017 to February 11, 2018, the Defendant habitually stolen the pipes equivalent to 5,805,800 over 13 times in total, as shown in the list of crimes in the attached Table, from the end of May 2017 to the end of February 2018.

2. Defendant B is a person engaged in the purchase of high water on the top of “H” high water located in Gu in Gu Government-si G.

On February 9, 2018, at around 07:57, the Defendant purchased a pipe equivalent to KRW 235,000 at the market price of the victim I, which he stolen from A from the above secondhand on the water.

In such cases, a person engaged in the business of purchasing solid goods has a duty of care to verify and describe the personal information of A, and to ask the place, time, price, and sale of the solid goods to ask for the price suitable for the transaction price, and to ask for the price suitable for the transaction price.

Nevertheless, the Defendant purchased the above pipe in the amount of KRW 140,00,000 due to negligence when neglecting the above care and neglecting the judgment on the stolen water.

Ultimately, the Defendant acquired stolen goods by occupational negligence as above.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Each statement of I, E, J, K, L, M, N,O, and P;

1. photographs of each scene of crime;

1. A photograph of each CCTV closure;

1. Habituality: The records of each of the crimes in the holding;