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(영문) 서울중앙지방법원 2014.09.18 2014고합918
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[Criminal Justice] On September 1, 2009, the Defendant was sentenced to 4 years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on May 13, 201, and was sentenced to 8 months of imprisonment for a crime of false entry into public electronic records, etc. in Western Branch Branch of the Daegu District Court on May 13, 201, and completed the execution of each of the above punishment in the red prison on March 10, 2014, and on November 22, 2006, the Defendant was sentenced to 11 years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on November 22, 2006.

【Criminal Facts】

1. On May 30, 2014, the Defendant committed the crime of May 30, 2014, at the “E” store operated by the victim D in Jongno-gu Seoul, Jongno-gu, Seoul, with one hedgephone equivalent to KRW 115,00 in the market price owned by the victim, who was suffering from the display stand by using the gaps in which the F’s surveillance, who is an employee, was neglected.

2. On June 23, 2014, the Defendant committed the crime of June 23, 2014, with one “HBS-750,” one of the “HBS-800,” the market price of which is equivalent to KRW 90,000, which was the victim’s ownership, and one of the “HBS-3” of the “HBS-750, the market price of which is equivalent to KRW 90,00,00, at the store in the management of the Victim G Co., Ltd. located in Jongno-gu Seoul, Jongno-gu, Seoul.

Accordingly, the defendant habitually stolens the victims of the amount of KRW 423,000 over two times.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of H and F;

1. Place for display of damaged articles, photographs of the same product, CCTV photographs, and CCTV data;

1. Confirmation of CCTV reports (CCTV);

1. Records of judgment: Criminal records, inquiry reports, and investigation reports (attached to reports on crimes of the same kind);

1. Habituality of the holding: The following facts are considered: (a) the method and frequency of each crime in the holding; and (b) whether the person was released from the prison despite the fact that the person had been sentenced to multiple times of punishment for the same kind of crime; and (c) the person has again been committing the crime in this case.

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