beta
(영문) 대구지방법원 2017.03.30 2017고단61

상습특수절도등

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 22, 2015, the Defendant habitually stolen or attempted to habitually steals property worth KRW 7,316,090 in total 49 times, as shown in the separate sheet of crime, and stated in the indictment that he/she habitually steals or attempted to habitually steals property worth KRW 7,316,090 on 49 occasions, but even if the indictment was amended without changing the indictment, it does not seem that the Defendant would have suffered substantial disadvantage in exercising the Defendant’s right to defense. Accordingly, the Defendant’s correction ex officio does not ex officio.

2. On August 22, 2016, the Defendant found on the road located in Gwangju Dong-gu, Gwangju, 03:00, cash 4,000 won, resident registration certificates, driving licenses, and one credit card card of a new bank, etc., the victim G lost.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of H, I, J, K, L, M, N, P, Q, Q, S, U, V, W, X, Y, Z, AB, AC, AD, AE, AF, AH, AI, AJ, AJ, AK, AK, AL, AM, APE, AP, AP, AP, ATS, ATS, ATS, AU, AV, AW, AX, AY, AY, Z and BA;

1. Protocols of police seizure and list of seizure;

1. Each investigation report, each on-site photograph, and photographs of the scene of crime;

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

1. Articles 332, 331(1), 330, 329, 342 (including habitual special larceny) and 360(1) of the Criminal Act applicable to the crime (the embezzlement of deserted articles in possession and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;