[특정범죄가중처벌등에관한법률위반(절도)][미간행]
Defendant
Scarsia
Attorney Full-time (National Assembly)
A defendant shall be punished by imprisonment for three years.
The forty-two days of detention before this judgment is sentenced shall be included in the above sentence.
On October 19, 2001, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daejeon District Court. On September 9, 2005, the Seoul Southern District Court sentenced two years of imprisonment for the same crime at the Seoul Southern District Court, and completed the execution of the above sentence in the protective custody center on August 7, 2007.
Around 16:00 on March 19, 200, the Defendant habitually entered the house of Nonindicted Party 2 located in the Sincheon-si, Seocheon-si (hereinafter omitted), and entered the room through the rear door, and stolen the right of discount of KRW 118,00, USD 2,000, USD 3,000, in cash from the wall of the land owned by Nonindicted Party 2’s wife, who was his father, Nonindicted Party 3, who was his wife in the said place.
[Judgment of the court below]
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Statement on Nonindicted 3’s statement
1. Police seizure records;
【Prior Records at the Time of Sales】
Criminal records, investigation reports (the report on confirmation of the end date of execution of punishment related to repeated crimes), investigation reports (the previous report and the report attached to the judgment, etc.);
【Habituality】
In light of the criminal records of the Defendant and the Criminal Procedure Act, etc., it is recognized that the Defendant committed the larceny by committing the instant crime again at the time when 2 years have not passed since the Defendant was sentenced to imprisonment four times with prison labor due to the violation of the Act on Aggravated Punishment, etc. of Specific Crimes.
1. Article relevant to the facts constituting an offense and the selection of punishment;
Article 5-4 (1) and Article 329 of the Criminal Act on the Aggravated Punishment, etc. of Specific Crimes.
1. Legal interest:
Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes (2 times the short-term punishment)
1. Aggravation for repeated crimes;
Articles 35 and proviso of Article 42 of the Criminal Act
1. Discretionary mitigation;
Article 53 and Article 55 (1) 3 of the Criminal Act (Consideration of the fact that the damage has not been avoided, etc.)
1. Inclusion of days of detention in detention;
Article 57 of the Criminal Act
The sentence of imprisonment shall be imposed on the defendant, even though he has been punished six times for the same crime, because he has committed the crime in this case again even though he has been punished for a repeated crime, and his character and conduct are not very good, and the damage is not severe but is against the defendant, and the sentencing conditions, such as the age, character, family environment, family relationship, etc. of the defendant, shall be determined as ordered by the sentence.
Judges Hong-ho (Presiding Judge)