beta
(영문) 수원지방법원 성남지원 2012.05.10 2012고합85

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

On April 17, 2007, the Defendant was sentenced to imprisonment with prison labor for one year and six months for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Suwon District Court's Ansan Branch, and on November 18, 2008, the Defendant was sentenced to imprisonment with prison labor for the same crime at the Seoul Western District Court's District Court on November 18, 2008, and on August 5, 2010, the Defendant completed the execution of the sentence at the Gwangju Prison on December 19, 201.

On January 1, 2012, at around 15:00, the Defendant: (a) sought a monthly rent of 2 foots from D Real Estate, a real estate intermediary located in Yeongdeungpo-gu Seoul Metropolitan Government, to the broker; (b) compared to the broker’s house located in the victim F, which is located in the second floor in Yeongdeungpo-gu Seoul Metropolitan Government, to put the key in the first floor by the broker; and (c) in line with the broker, the Defendant, by using the key of the mail box, in which the broker took up the house again, cut off one set of pigs 100,000 won, which contained approximately 100,000 won, after entering the house, using the key of the mail box, which seeed in advance.

In addition, the Defendant habitually intruded another person’s residence from January 201 to March 26, 2012 by means of the following similar methods: (a) 5 times in total, 5 times in cash, precious metals, etc., which amount to a total of 8,560,000 won; and (b) 1 time in total, 8,560,000 won in cash, precious metals, etc. were stolen; and (c) 200,000 won in total, 200 won in total, was not committed

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of G and H prepared by the police;

1. Each statement of I, J, K, L, M, and F;

1. Each investigation report (the specification of the appearance of the suspect, the specification of the suspect, and the investigation report on the damage scene after checking the on-site CCTV), and each investigation report (the hearing of the victim N and hearing of the victim N, and the statement of the victim K O);

1. Previous records: Each investigation report (suspect's judgment on the same kind of criminal records, confirmation of criminal records, and attachment of written judgments);

1. Habituality of the ruling: Each criminal history of the ruling;