(영문) 서울중앙지방법원 2018.9.21. 선고 2018고합782 판결

Defendant B shall be punished by imprisonment with prison labor for three years. Defendant B shall pay the applicant for compensation a theft of KRW 1,545,000. The above order for compensation may be provisionally executed.

Reasons

Criminal 1)

[criminal power] On September 24, 2009, Defendant A was sentenced to 4 years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (thth th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th).

The Defendants committed so-called so-called "retailing of personal effects, such as wallets, against recipients in subway trains" and the Defendants, from time to time, discovered that the criminals of different retailers from time to time depart from committing a crime, are as follows: (a) in the vicinity, they committed a theft by taking the other passengers' starting line or viewing the network; and (b) in the process of dividing the money and valuables, they came to know one another by dividing the money and valuables.

【Criminal Facts】

1. The Defendants’ co-principal

피고인들은 2018. 7. 1. 22:50경 서울 동작구 대방동에 있는 지하철 대방역 부근에서 지하철 1호선을 각자 타고 가던 중, 피고인 B은 술에 취한 채 좌석에 앉아 잠들어 있는 피해자 E을 보고 그 옆에 앉아 피해자의 소지품을 훔칠 기회를 엿보고 있었는데, 그 주변에 있다가 피고인 B의 의도를 알아챈 피고인 A, C이 각자 그 근처에 앉거나 서서 다른 승객들의 시선을 가리거나 망을 봐주게 되자, 피고인 B은 피해자의 바지 뒷주머니에서 '현금 230,000원, F은행 체크카드, G은행 체크카드, 주민등록증' 등이 들어 있던 피해자의 지갑을 피해자 몰래 꺼내어 가져간 다음, 피고인들은 그 현금을 나누어 가졌다.

As seen above, the Defendants continued to have stolen and stolen E's wallets, followed from subway big disease control, and confirmed that there are several heads' cream cards inside the wall, and attempted to withdraw cash by using the cream card and divide it.

Accordingly, the Defendants 1,700,000 won and 30,000 won were respectively withdrawn using the above FFF bank's check card and the above G bank's check card, and the Defendants divided the cash into the following: (a) at around the convenience store in front of the convenience store located in the above apartment building at around 23:32 of the same day; (b) at around the surrounding areas and convenience store; and (c) at the expense of the victim JJ Co., Ltd. established at the convenience store, the network was reported; and (d) the Defendant 1,70,000 won was discovered from the cash payment period managed by the victim J. Co., Ltd.; and (e) the Defendants divided the cash.

As above, the defendants habitually stolen the assets of the victims.

2. Defendant B

At around 22:00 on April 9, 2018, the Defendant: (a) while getting off one subway line in the vicinity of the subway area located in Guro-gu Seoul Metropolitan City; (b) discovered that a seller of an unretailed retail machine, seated in the body seat under the influence of alcohol, reported the victim D, who was divingd and was seated next to the brea, and was in the opportunity for other passengers to steals the personal belongings of the victim; (c) around that time, the Defendant took the view of the network with the view of other passengers’ starting lines; and (d) the seller of the name unretailed retail machine was 1,545,00 won in cash in the back of the part of the victim’s back, the sum of face value, and the gift certificates of KRW 110,00 in total, face value, and the gift certificates of KRW 110,000 in total, were removed from the victim’s wall, and the Defendant divided the above name unretail and retail machines into cash and gift certificates.

As above, the defendant habitually stolen the above victim's property in collaboration with the person who was not injured in his name.

3. Defendant A

On June 28, 2018, around 23:00, the Defendant boarded the subway No. 4 lines in the subway station near Yongsan-gu Seoul Metropolitan City, Yongsan-gu, Seoul, and brought about the victim K, who was under the influence of alcohol and was diving, to have been seated, and to steals the victim's belongings, '92,000 won in cash at the back of the victim's back, '92,000 won in cash at the back of the victim's back, 'F bank' card, resident registration certificate, etc.

On June 29, 2018, the Defendant continued to withdraw KRW 2,150,000 using the above FF Bank ck card, through a password obtained by combining the above K’s resident registration number, etc. at the cash payment period managed by the victim NF corporation established in convenience, from the Morse L, around 0:21, 201.

As above, the Defendant habitually stolen the said victims’ property.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of each police statement of E and K;

1. Each statement of E and D;

1. A copy of a bankbook, such as photograph, each investigation report (number 4, 5, 13), account transaction details, and passbook;

1. Previous convictions as indicated in the judgment: Each inquiry letter (No. 26,27,28), each investigation report (the date of release to the accused and the relevant judgment attached thereto, the sequence 34 through 39), and each investigation report (the repeated crime of a special law): Habituality as indicated in the judgment; considering that each crime record, the number of crimes, the frequency of crimes, and the same kind of crime was committed in a planned manner within a short period of time after the execution of the last sentence is completed, each of them is admitted;

Application of Statutes

1. Article applicable to criminal facts;

(a) Defendant A: Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 331(2) and 329 of the Criminal Act

B. Defendant B: Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 331(2) of the Criminal Act

C. Defendant C: Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 331(2) of the Criminal Act

1. Aggravation for repeated crimes;

A. Defendant A: Article 35 of the Criminal Act (with respect to a criminal record of habitual larceny, the execution of which was completed on March 14, 2017)

B. Defendant B: Article 35 of the Criminal Act [Aggravated Punishment, etc. of Specific Crimes, the execution of which was completed on February 5, 2017, has been completed, and there is a previous criminal record of a violation of the former Act, which

C. Defendant C: Article 35 of the Criminal Act [Inasmuch as there exists a previous conviction in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of which the execution of punishment was completed on November 26, 2017]

1. Orders for compensation and sentence of provisional execution;

Defendant B: Article 25(1)1, Article 31(1), (2), and (3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Defendant B shall be jointly and severally liable due to joint tort against all damages suffered by an applicant for compensation due to theft: Provided, That since it is difficult for the applicant for compensation to determine the amount of damages after examining the market price of merchandise coupons in the criminal procedure, the part on the claim for compensation of damages related to the amount of merchandise coupons in the amount claimed by the applicant for compensation shall be cited only for the part on the claim for compensation for cash

Defendants

1. The scope of punishment by law;

Imprisonment with prison labor for not less than three years nor more than 50 years;

2. Scope of recommended sentences according to the sentencing criteria;

[Determination of Punishment] thief under the Specific Crimes Aggravated Punishment Act (Habitual thief)

【Special Convicted Person】

【Scope of Recommendation】

Imprisonment with prison labor for not less than two years nor more than four years (basic areas);

[Scope of the revised Recommendations]

The imprisonment with prison labor for not less than three years but not more than four years (the lowest limit of the recommended sentencing criteria set forth in the sentencing criteria is lower than the lower limit of the applicable sentencing standards set by law, and accordingly the lower limit of the applicable sentencing

3. Determination of sentence: Three years of imprisonment; and

Defendant A, 5 times, Defendant B, and C had the criminal records of having been sentenced to imprisonment due to the larceny every eight times, and the Defendants, as above, have been sentenced several times due to the repeated larceny, etc., and even after the completion of the execution of the sentence, even if they were in the period of the repeated crime, the habits of the larceny have been cut back, and thus, they again came to commit the instant crime under several methods similar to the previous one, and the victims have not recovered from damage, and the victims have sought the punishment of the Defendants, it is inevitable to sentence the Defendants.

However, the defendants recognized all of the crimes of this case and divided their errors, and the fact that the number of larceny of this case does not exceed the number of times and the amount of damage is not relatively large, etc. are considered as favorable circumstances for the defendants. In addition, in comprehensive consideration of the defendants' age, character and conduct, family relation, motive for the crime, circumstances after the crime, etc., and all the sentencing conditions specified in the records and arguments of this case, including the records and arguments of this case, the punishment as ordered in the sentencing guidelines shall be determined within the scope of recommended sentencing guidelines