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(영문) 서울남부지방법원 2015.05.21 2015고단1446
상습절도
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Criminal facts

On April 12, 2001, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Busan District Court. On March 25, 2003, the Defendant was sentenced to two years of imprisonment for the same crime in the same court. On June 1, 2005, the same court was sentenced to one year and six months of imprisonment for the same crime in the Seoul Central District Court on June 29, 2010, and was sentenced to one year and six months of imprisonment for the same crime in the same court on April 3, 2012, and completed the execution of the final sentence in the prison on February 7, 2015.

Around 15:00 on April 14, 2015, the Defendant: (a) was habitually unable to make a decision on his own will due to the mixed design, depression disorder, and shock disorder; (b) used a gap in around the 4th floor victim F operation of the D department store E store in Gangseo-gu Seoul Metropolitan Government, Seoul, in which surveillance in the surrounding area was neglected; (c) 1 stitts with 80,000 won at the market price; and (d) 2 stitts with 320,000 won at the market price; and (e) 15:10 on the same day, the Defendant took a theft of 320,000 won at around the 3rd victim H “I” store in the same department store; and (e) 15:10 on the same day, the Defendant took a theft of 1 stitts and 258,000 won at the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Each statement of F and H;

1. Previous records: Criminal records and investigation reports (reports attached to records, such as the review of repeated crimes and judgments);

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

1. Articles 332 and 329 of the Criminal Act, inclusive, by relevant provisions concerning the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental illness and injury.

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