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Reasons
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(영문) 서울중앙지방법원 2016.07.06 2016고단2125
상습절도
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A defendant shall be punished by imprisonment for a term of one year and two months.

Seized evidence shall be confiscated from 6 to 8, 24 through 28.

Reasons

Punishment of the crime

On April 13, 1995, the Defendant was sentenced to a suspended sentence of imprisonment for one year with prison labor for larceny, etc. at the Seoul District Court, and on April 22, 2014, to a suspended sentence of six months with prison labor for larceny.

Criminal facts

On March 29, 2016, around 11:36, 2016, the Defendant: (a) committed theft of the Victim E at the “D” parking lot located in Kimcheon-si, Kimcheon-si; (b) F non-F juju 125cc, the market price of which is equivalent to KRW 500,000,000.

The Defendant shall habitually correct the “H” No. 4 of the annexed crime list from April 6, 2016 to April 20:26, 2016: Provided, That the “J” of the annexed crime list is obvious that it is a clerical error in the “I”, and upon the prosecutor’s application for correction of indictment, the “14 million won” of the same column No. 7 shall be read as “13 million won”, and the “JJ 1100 units (market price 10.9 million won)” of the annexed crime No. 8 each time as “J 1100 units (market price 400,000 won)”, “2 locks fluened at night (market price 150,000 won) at night” (market price 1.5 million won).

The total market value of 45 million won was stolen over 14 times, such as the statement.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Written statements of each victim;

1. Records of police seizure, list of seized articles, and photographs of seized articles;

1. Investigation report (investigation related to the amount of damage inflicted on air conditioners);

1. Photographss of CCTV at each site and CCTV at each mobile phone-related site;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, etc.;

1. Relevant Article 332 of the Criminal Act and Articles 332 and 329 of the Criminal Act and the choice of imprisonment for a crime;

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act include the Defendant’s age, sex, family relationship, family environment, motive and means of the offense, and the circumstances after the commission of the offense, as set forth in the Disposition above.

Unfavorable circumstances:

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