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(영문) 창원지방법원 통영지원 2014.12.19 2014고단982
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On April 22, 2014, the Defendant received a summary order of KRW 500,000 as a fine for larceny from the Changwon District Court’s branch office, and on July 16, 2014, the Defendant was sentenced to suspension of indictment for special larceny, night structure intrusion larceny, theft, or robbery at the branch office of the Changwon District Prosecutors’ Office.

On July 24, 2014, around 21:55, the Defendant habitually transferred approximately 40 cards of 28,000 won of the market price of the victim's national flag, which is located in Spool, to C, and carried about 40 cards of 10,000 won in Spouse, from that time to that of the same year.

9. By up to 16.00, as described in C in the sequence 1 to 3 of the crime sight table, in collaboration with C, the same year.

9. From around 30. to October 27. 27 of the same year, the Defendant alone committed a theft or attempted theft of property amounting to KRW 1,833,000, total market value of the victims, as set forth in the No. 4 to 12.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol regarding C;

1. Each written statement of D, E, F, G, H, I, J, K, L, and M;

1. Investigative report (Attachment of a thief photograph of a Ncafeteria);

1. Previous records: Criminal records and replys to inquiries;

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. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 331 (2), 342 and 329 of the Criminal Act concerning the crime;

1. According to the sentencing guidelines for sentencing on the grounds of Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (the following sentencing guidelines), the defendant is recommended to be sentenced to two to four years of imprisonment (one year of imprisonment for a crime of habitual larceny (no special person)). The defendant repeatedly committed larceny is disadvantageous to the defendant.

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