beta
(영문) 인천지방법원 2018.11.28 2018고단7445

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal history] On November 12, 2008, the Defendant was sentenced to three years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Suwon District Court on January 15, 2015, and was sentenced to two years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Incheon District Court on July 13, 2017, and was sentenced to eight months of imprisonment with prison labor for larceny at the Incheon District Court on July 13, 2017 and completed the execution of the sentence on March 12, 2018.

[Criminal facts]

1. On April 11, 2018, around 23:37, the Defendant: (a) stolen a tent installed at “D” of the victim’s operation in Bupyeong-gu Incheon Metropolitan City, with a 8,000 won or more of the market price, which was the victim’s possession, by tearing and inserting hand; (b) and (c) committed theft, from then on October 12, 2018, the Defendant committed food and beverage worth KRW 71,400, totaling 140,000, respectively, over a total of 14 times, as shown in the attached Table 1 list of crimes.

As a result, the Defendant was sentenced to imprisonment not less than three times with prison labor for the crimes of Articles 329 through 330 of the Criminal Act, and again committed the crimes of Articles 329 through 330 of the Criminal Act within three years after the execution of the sentence is completed.

2. On April 11, 2018, around 23:37, the Defendant: (a) destroyed the market price in total three times in the same manner as the daily list of crimes in attached Form 2, from that time until August 5, 2018, using the knife knife in the “D” as indicated in paragraph 1 of the Victim C’s Operation.

Accordingly, the defendant damaged the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, F, G, C, and H;

1. Investigation report (on-site), ctv course photographs;

1. Previous convictions: Application of Acts and subordinate statutes on the acceptance status of individuals, such as a written reply to inquiries, such as criminal history (A), report on investigation (Confirmation during the period of suspect A repeated offense), text of judgment, sentence, etc.;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;