beta
(영문) 서울동부지방법원 2013.06.21 2013고합128

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[Criminal Power] On July 14, 1999, the Defendant was sentenced to a suspended sentence of ten months for larceny at the Dong Branch of the Seoul District Court, and on February 24, 2000, the Defendant was sentenced to imprisonment for one year and six months with prison labor for the same crime at the same court on April 4, 2002, and was sentenced to one year and eight months for the same crime at the Seoul East District Court on August 27, 2004, and was sentenced to imprisonment for three years for the same crime at the same court on August 25, 2006, and completed the execution of the sentence on August 27, 2012 by having been sentenced to imprisonment for three years for the same crime at the Seoul Northern District Court on October 20, 209.

【Criminal Facts】

At around 02:30 on April 28, 2013, the Defendant habitually discovered a 1 ton truck owned by the victim D, which was habitually parked in the Gangdong-gu Seoul Metropolitan Government C apartment parking lot, and attempted to steal the goods inside the vehicle by opening the string door of the above vehicle using the string line, and by entering the vehicle, which was corrected in order to steals the goods inside the vehicle, but did not carry the purport of the vehicle, but did not remove the vehicle to the victim, and did not commit the attempted crime. From around 00:00 on the same day to 02:30 on the same day, the Defendant stolen the goods worth 17,650 won in total, or did not realize the intent thereof, as indicated in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police interrogation protocol against the accused;

1. Statement made to D by the police;

1. A report on investigation, and a report on investigation (in the face of a suspect, an investigation into the suspect's large-scale site);

1. Records of seizure and the list of seizure;

1. Previous records of judgment: Criminal records, etc. and investigation reports (verification of the previous records and repeated crime period);

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. Criminal facts;