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(영문) 서울중앙지방법원 2017.07.18 2017고단3773
상습절도등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

One cuter (No. 11) seized shall be confiscated.

Seized evidence 10,00.

Reasons

Punishment of the crime

[criminal record] On February 24, 2017, the Defendant issued a summary order of KRW 2 million from the Busan District Court Branch Branch of the Incheon District Court to larceny on five occasions.

[Criminal facts]

1. At around 15:19 on November 5, 2016, the Defendant habitually stolen the victims’ property at the “D” store located in Jung-gu Seoul, Jung-gu, Seoul, on 37 occasions, from February 2016 to April 37, 2017, as indicated in the table of crimes in the attached Table Nos. 1 to 37, 2016, the market price of 50,000 won, which had been displayed at the same time by taking advantage of the gaps of surveillance negligence of the victims E, the Defendant stolen the victims’ property from the beginning of February 2016 to the end of April 2017.

Accordingly, the defendant habitually stolen the victims' property.

2. From February 2, 2016 to April 2017, the Defendant found S4 mobile phones when galloning the victim’s name in his or her possession was lost at the New Coco-Aer’s underground packing center located in Seocho-gu Seoul Seocho-gu, Seocho-gu, Seoul, and the victim’s name in his or her place was lost.

The Defendant, without taking necessary procedures, did not return the acquired property to the victim as above, and embezzled the property that left the possession of the victims on two occasions as stated in [Attachment 38-39] Nos. 38-39 of the List of Crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. Protocols and lists of police seizure;

1. Each photograph;

1. Investigation report (investigation of the source of seized articles);

1. Previous conviction: Four copies of inquiry about criminal history and summary order;

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, and the fact that the same kind of crimes are repeated in a planned and organized manner;

1. Relevant provisions of the Criminal Act, Articles 332, 329 of the Criminal Act (including habitual larcenys, inclusive) concerning criminal facts, Article 360 (1) of the Criminal Act (the point of embezzlement of each possession) and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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