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(영문) 수원지방법원 성남지원 2016.04.28 2015재고합58
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On January 26, 2006, the Defendant was sentenced to two years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Eastern District Court, and was sentenced to one year and six months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Eastern District Court on October 1, 2008, and was sentenced to five years and six months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Support for Suwon Franchison on August 13, 2010.

피고인은 상습으로, 2014. 8. 1. 19:32 경 서울 광진구 C 2 층에 있는 ‘D 피시 방 ’에서 종업원인 피해자 E가 잠시 자리를 비운 틈을 타 카운터 위에 있던 피해자 E 소유의 현금 3만 원이 들어 있는 검정색 지갑, 검정색 숄더백, 신용카드를 몰래 가지고 나와 절취한 것을 비롯하여, 2014. 7. 15. 경부터 2014. 8. 21. 경까지 별지 범죄 일람표 기재와 같이 8회에 걸쳐 합계 7,197,900원을 절취하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement in E, G, H, I, J, and K Preparation;

1. A report on damage from the preparation of L;

1. Investigation report (a statement by telephone of victim M);

1. CCTV image data, screen pictures, X CCTV images in crime scene AB, screen pictures, CCTV images in crime scene at the time of crime, CCTV images, CCTV images, CCTV images, and screen pictures of the crime scene at the time of crime;

1. Previous convictions: Statement of inquiry about criminal history, statement of inquiry, investigation report (in the same case and previous convictions and current status of identification);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of crimes, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind;

1. Relevant Article of the Criminal Act and Articles 332 and 329 of the Criminal Act (generally, choice of imprisonment with prison labor);

1. The defendant with reasons for sentencing is larceny, inasmuch as he/she was guilty of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, for which the execution of punishment was completed on December 15, 2013.

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