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(영문) 서울서부지방법원 2013.12.18 2013고단1838
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 10, 1983, the Defendant was sentenced to a suspended sentence of 8 months in Seoul Central District Court for larceny. On August 23, 1985, the Defendant was sentenced to a suspended sentence of 1 year and 6 months in Seoul Central District Court for larceny. On February 27, 1992, the Defendant was sentenced to a imprisonment of 1 year and 6 months in Seoul Central District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On October 22, 2001, the Defendant was sentenced to a fine of 2 million won in Seoul Southern District Court for larceny. On January 28, 2005, the Defendant was sentenced to a fine of 5 million won in Seoul Southern District Court for larceny.

1. Around 16:00 on March 16, 2013, the Defendant: (a) cut off one wall, which contains 9.50,00 won in cash, which is owned by another victim, in a second floor store above the 40-999 Eart underground where the Han River-ro 3 was located in Yongsan-gu Seoul, Yongsan-gu, Seoul, and 40-99.

2. On April 26, 2013, the Defendant: (a) cut off a wall with 100,000 won in the market value of the victim, which is located in the shopping car site of another victim, in a cresh in which the victim’s d's care was neglected; and (b) one wall containing 10,000 won in total of the market value; and (c) one wall containing 83,000 won in the gift certificates.

3. At around 18:30 on May 19, 2013, the Defendant: (a) cut off one lock, which is the victim’s possession of the victim, including approximately 2.50,00 won of cash, the victim’s ownership certificate, one resident registration certificate, credit card No. 4, two gift certificates, etc., and then cut off the victim’s wall at the victim’s store.

Accordingly, the defendant habitually stolens the victims' articles at least three times.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statements of E and D;

1. C’s statement;

1. Each seizure report, CCTV photographs, field photographs, and each investigation report;

1. Previous records: Criminal records and other inquiry reports and investigation reports;

1. Habituality of the judgment: The records of each of the crimes in this case, the number and frequency of the crimes in this case, and the same kind of crimes.

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