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Reasons
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(영문) 서울중앙지방법원 2016.02.03 2015고단7732
상습절도
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Power of crime] On November 14, 2012, the Defendant was issued a summary order to impose a fine of one million won by larceny at the Busan District Court. By June 3, 2011, the Defendant received a disposition to transfer juvenile protection cases 10 times in total by means of special larceny, larceny, etc.

[Criminal facts] On June 25, 2015, the Defendant habitually intruded into the above book-keeping through the window operated by the victim D in Dongjak-gu Seoul Metropolitan Government E, from a view that the new wall cannot be known on June 25, 2015, and stolen the cash owned by the victim in the seat of the car-owner, with 100,000 won.

In addition, from the above day to September 28, 2015, the Defendant habitually committed an attempted crime with precious metal amounting to KRW 2,980,000 in total, and KRW 4,00,000 in the market price, such as the statement in the list of crimes committed in the attached Form 12 times from the above day to September 28, 2015.

As above, the Defendant habitually stolen or attempted property worth KRW 7,280,000 in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. Written statements prepared by G, H, D, I, J, K, L, M, N,O, P, and Q;

1. Records of police seizure, lists of seizure, sites of seizure, and photographs of damaged articles;

1. On-site investigation reports;

1. An investigation report (to hear statements from the victimJ);

1. Each field photograph (the sequence 38,50 in the list of evidence);

1. When fingerprints is examined as a result of the crime scene appraisal;

1. CCTV images;

1. A photo of the damaged dives;

1. Responses with the results of appraisal;

1. Investigation report (Analysis of CCTV images at the scene of occurrence);

1. A previous conviction: A copy of inquiry about criminal history, investigation report (report on attachment of a summary order of a suspect to larceny), 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 crime has been committed in a planned manner;

1. Relevant provisions of the Act concerning facts constituting an offense;

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