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(영문) 서울중앙지방법원 2018.04.11 2018고단1244
상습절도
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 December 30, 2010, the Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jeju District Court for three years and six months and on March 26, 2014, and the record of the same crime was seven times more in addition to the completion of the execution of the sentence.

1. On November 1, 2017, around 14:00, the Defendant cut off the victim D’s “E” operated by Dongdaemun-gu Seoul Metropolitan City Seoul Metropolitan City Seoul Metropolitan Government, by suffering the gap in the management of the employees of the said store, which was displayed in front of the entrance to another place, from the victim’s market value, equivalent to KRW 600,000,000, which was the victim’s ownership.

2. On January 27, 2018, at around 18:00, the Defendant: (a) committed a theft by suffering from the victim G located in Jongno-gu Seoul Metropolitan City Seoul Metropolitan City F, by suffering the loss of management by the said store employees; (b) the market price equivalent to KRW 8.50,000, the victim’s market price, which was displayed in other fields, was the victim’s possession, was more than KRW 8.50,00,000.

3. On February 10, 2018, at around 19:40 on February 10, 2018, the Defendant: (a) committed theft with the victim’s market price, which is equivalent to KRW 5.90,00,00, which was displayed in front of the entrance and exit in front of the entrance and exit where the management of the said store employees was neglected; and (b) the Defendant stolen the said store employees with a four- set of dup spread equivalent to KRW 5.9

Accordingly, the defendant habitually stolen the victims' property three times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Written statements from J and D;

1. Each report on internal investigation:

1. Each investigation report (the sequence No. 4,5,9,10,15,22,31 of the evidence list);

1. A photograph of each CCTV course;

1. Previous convictions in judgment: A response to inquiries, such as criminal history, investigation report (verification of such criminal record, etc.);

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. Articles 332 and 329 of the Criminal Act, inclusive, with respect to the relevant criminal facts and the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Criminal Act for the observation of protection;

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