(영문) 서울서부지방법원 2015.04.23 2015고단599

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(영문) 서울서부지방법원 2015.04.23 2015고단599

상습특수절도

Text

A defendant shall be punished by imprisonment for one year.

Seized articles 1 through 5 and 10 through 12 shall be confiscated.

Reasons

Punishment of the crime

On June 22, 2006, the Defendant was sentenced to the suspension of indictment for larceny at the Seoul Central District Prosecutors' Office, the suspension of indictment on the condition of special larceny, etc. at the same prosecutors' office on the 30th of the same month, and the transfer of juvenile protection cases by larceny, etc. at the same prosecutors' office on July 25, 2008.

On March 10, 2015, the Defendant came to “Emart” operated by the victim D in Seodaemun-gu Seoul Metropolitan Government on March 23:35, 2015. The Defendant: (a) removed and destroyed the victim’s lower part of the lower part of the said part; (b) infringed upon the victim’s cash, which was the victim’s possession; and (c) took money and valuables amounting to KRW 15,99,000 in total over 22 times from the end of November 2014 to March 11, 2015; and (d) attempted to steals property on five occasions in total, and did not commit a theft.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of D police statement;

1. Each statement of F, G, H, I, J, K, L, M, N,O, and P;

1. Each protocol of seizure, the list of seizure and photographs related to seizure;

1. Each report on the occurrence of each case and each photograph;

1. Each investigation report (to hear victim's telephone statements);

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

1. Relevant legal provisions concerning facts constituting an offense and Articles 342, 332, 331 (1), 330, and 329 of the Criminal Act that choose to impose a penalty (to be punished by imprisonment with labor comprehensively, with labor);

1. The reason for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [the scope of recommending sentence] General Property: the basic area (1 to 2 years and 6 months) (1 to 1) of the thief (1 to 2 months) of the thief (2) of the thief) of the thief (1 to 4) of the thief) of the thief (1 to 2nd (2nd) of the thief) of the thief (4th) of the thief (4th) of the thief (4th

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