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(영문) 서울중앙지방법원 2015.06.04 2015고단2560

상습절도

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence 1 and 2 shall be confiscated, respectively.

Reasons

Criminal facts

On July 3, 1997, the Defendant was sentenced to the suspended sentence of 8 months for larceny at the Busan District Court; 8 months for larceny at the Seoul District Court on August 28, 1998; 1 year for the imprisonment of 1 year for larceny at the Seoul District Court on March 17, 200; 2 year for the suspended sentence of 1 year for the imprisonment for larceny at the Seoul Southern District Court on August 11, 2006; 1 year and 6 months for the violation of the Aggravated Punishment, etc. of Specific Crimes Act at the Seoul Central District Court on June 15, 2007; 3 years for the imprisonment for the violation of the Aggravated Punishment, etc. of Specific Crimes Act at the Seoul Central District Court on November 12, 2009; and on August 9, 2013, the Defendant completed the execution of the sentence on August 13, 2014.

At around 01:04 on November 30, 2014, the Defendant: (a) attempted to steal or steal 34 times in total from October 29, 2014 to April 19, 2015, goods equivalent to KRW 5,892,000 in total from around the air conditioners in front of the entrance of the E-cafeteria operated by the victim D in Jongno-gu Seoul Metropolitan Government; (b) 27 mal, butts, one box, and 20 mal in the market price, such as 20 mal and 20 mal; and (c) attempted to steal or steal any goods equivalent to KRW 5,892,000 in total, from around October 29, 2014 to April 19, 2015.

Accordingly, the defendant habitually stolen or attempted to steals another's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, G, H, and I;

1. Each written statement of D, J, K, L, I, M, N, P, Q, Q, R, T, U, V,W, X, Y, Z and AA;

1. Records of seizure and the list of seizure;

1. Each CCTV photograph;

1. Each report on investigation;

1. Previous convictions: Criminal inquiry records, inquiry reports (A), investigation reports (verification of the previous criminal records and attachment of the previous criminal records and the period of repeated crimes), and investigation reports (verification of the date of release of a suspect);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of crimes, methods and details of crimes, the frequency thereof, and the fact that crimes continue to be repeated over a short term;

1. Criminal facts;