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(영문) 서울서부지방법원 2015.06.02 2015재고단13
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

[criminal power] On August 31, 2004, the Defendant was sentenced to one year and six months of imprisonment with prison labor for special larceny in Seosan Branch of the Daejeon District Court, and on October 19, 2006, sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the Dong Branch of the Daegu District Court. On February 5, 2010, the Seoul Central District Court sentenced one year and eight months of imprisonment with prison labor for special larceny, etc. and completed the execution of the sentence in a government prison on May 25, 2011.

【Criminal Facts】

Defendant,

1. Around 20:25 on May 22, 2014, “D” restaurants located in Yongsan-gu Seoul Metropolitan Government Yongsan-gu, and a victim E-owned market value equivalent to KRW 800,000,000,000, which was placed in the front of the store in front of the store in which the employee’s surveillance was neglected, was stolen by taking one S4 smartphones down;

2. On June 12, 2014, around 16:46, 2016, a smartphone 3 “gallon gallon gallon 3” in an amount equivalent to one million won at the market price owned by the victim H, which was placed adjacent to other TV, after drinking baled at “Gju” located in Yongsan-gu Seoul Metropolitan Government F, and then neglecting the surveillance of employees, was stolen;

3. At around 11:50 on July 30, 2014, at the “K” operated by the Victim J in Yongsan-gu Seoul, Yongsan-gu Seoul Metropolitan Government, one of the Samsung Gallon 4 smartphones, which was the market value of the victim’s possession on the singular machine, brought about a theft of the victim’s failure to monitor the victim.

Accordingly, the defendant habitually stolen the total of 2.6 million won of each victim's smartphone market.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared by J, E, and H;

1. Each report on occurrence;

1. Seizure records;

1. Records before and after judgments: Criminal records, etc., references, previous records of dispositions, reports on results of confirmation, and investigation reports (Attachment to related decisions, etc.);

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 fact that the same kind of crimes are repeated several times in a planned manner;

1. Relevant Article of the Criminal Act and Articles 332 and 329 of the Criminal Act concerning the selection of criminal facts;

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