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Reasons
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(영문) 수원지방법원 성남지원 2015.09.04 2015고단1488
상습절도
Text

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

Reasons

Punishment of the crime

On December 21, 2010, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Cheongju District Court’s Assistance, and completed the execution of the sentence in the Daejeon Prison on November 11, 2013.

In addition, on May 11, 2007, the Seoul Western District Court sentenced 3 years and 6 months to larceny, etc.; on April 13, 2005, the Seoul Northern District Court sentenced 1 year and 6 months to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on December 27, 2001, the Seoul Northern District Court sentenced 3 years to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Northern District Court; on June 22, 199, 1 year and 6 months to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny); and on March 19, 198, the Seoul Northern District Court was sentenced to imprisonment with prison labor for a larceny, etc.

At around 15:20 on December 23, 2013, the Defendant: (a) committed so as to receive counseling from the victim; (b) committed a theft of KRW 600,000 in cash, which is the ownership of the victim, at the bank located at the place where the victim was unfolded; and (c) habitually stolen KRW 6,55,000 over 18 times in total, as indicated in the list of crimes, as indicated in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each statement of D, G, H, I, N, K, L, M, N, P, and Q;

1. The criminal place;

1. A report on investigation (R's statement);

1. On-site reports on results of field identification;

1. Ratification (written statements, etc.);

1. Previouss before ruling: Criminal records, inquiry reports, and results of prisoners’ search;

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 and Articles 332, 329 and 342 of the Criminal Act concerning the selection of criminal facts (generally and severally, choice of imprisonment);

1. The defendant's reason for sentencing Article 35 of the Criminal Act among repeated crimes is the crime of this case.

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