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(영문) 서울남부지방법원 2015.02.12 2014고단4418
특정범죄가중처벌등에관한법률위반(절도)
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Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 3, 2009, the Defendant was sentenced to 1 year and 6 months in Seoul High Court for larceny, etc., and was sentenced to 1 year and 6 months in Seoul Southern District Court on November 26, 2010, and was sentenced to 1 year and 6 months in Seoul Southern District Court on November 26, 201, and was sentenced to 1 year in Seoul Central District Court on November 9, 2012.

On October 21, 2014, the Defendant, at around 18:30 on October 21, 2014, placed two female nives for women, which amounting to 71,800 won in total at the market price owned by the victim C in Guro-gu Seoul Metropolitan City, in the shape of “D” operated by the victim C, who suffered from the victim C in the new 97 new mar-ro, Guro-gu, Seoul, in the shape of “D,” under the influence that the Defendant had the ability to discern things or make decisions, due to stimulative disorder, heavy impulse impulse disorder, and excessive drug uniforms.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Photographs of damaged articles;

1. Previous records of judgment: Criminal records, investigation reports (Attachment to judgments of the same kind as a suspect A), previous records and results of confirmation;

1. Habituality of judgment: Application of Acts and subordinate statutes to the extent that dampness is recognized in light of the records of crimes, the number of crimes, and the same kind of crimes committed several times in the judgment;

1. Article 332 and Article 329 of the Criminal Act concerning the crime, the selection of fines, and the choice of fines;

1. Articles 10 (2) and 55 (1) 3 of the Criminal Act that are legally mitigated;

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. In full view of the various evidence duly adopted and examined by the instant court, various normal relation data submitted by the Defendant, etc., and the result of the judgment prior to the ruling by the probation office, the following circumstances are revealed.

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