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(영문) 서울북부지방법원 2018.10.11 2018재고단18
특정범죄가중처벌등에관한법률위반(절도)등
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 22, 2010, the Defendant was sentenced to imprisonment of one year and six months at the Busan District Court for a crime of larceny in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and on November 10, 201, the Defendant was sentenced to nine times punishment for the same crime.

1. At around 23:00 on January 24, 2013, the Defendant: (a) discovered that the victim C, a workplace volunteer in front of the exit of two parallels located in Dobong-gu Seoul, Dobong-gu, Seoul, with drinking alcohol together, had a locker inside the bank where the victim was faced with his/her shoulder; and (b) used the crebs where the victim’s surveillance was neglected, put his/her hand in the above bank; (c) KRW 38,00,000, USD 2, USD 1, USD 2, 1, Samsung Credit Card, 1, Samsung Credit Card, 1, 1, 30,000, and 1,000, the market price of which consisting of 1, 1, 300,000,000 won.

They go back.

Accordingly, the defendant habitually stolen the victim's goods.

2. On August 19, 2012, the Defendant acquired stolens by purchasing KRW 100,000 from a person under his/her name, even though he/she was aware of the fact that the victim D was a stolen victim’s market price in front of the Gangseo-gu Seoul Metropolitan Government Bank Center, Gangnam-gu, Seoul, Seoul, and KRW 463-57.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made with respect to C, E, and F;

1. Police seizure records;

1. Previous convictions: A reply to inquiry, such as criminal history, investigation report (verification of the date on which the term of punishment of the suspect expires), and copies of each judgment;

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 repeated crimes of the same kind in the judgment;

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 332, 329 (Aggravated thief) and 362 (1) (a point of acquisition of stolen property) of the Criminal Act concerning the choice of punishment, and the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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