beta
(영문) 인천지방법원 부천지원 2011.12.23 2011고합120

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for six years.

Seized evidence as referred to in subparagraphs 1 through 7, 232, 233 and 318 shall be confiscated.

Reasons

Punishment of the crime

On January 8, 199, the Defendant was sentenced to seven years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the Sungwon District Court's Sungnam branch, and on July 5, 2006, the Defendant was sentenced to imprisonment with prison labor for the same crime at the Incheon District Court and completed the execution on November 9, 2009.

On July 31, 2010, the Defendant: (a) opened a beer window at around 102, 204, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, at around 102, 204, the Defendant: (b) opened a beer window at the victim’s house; and (c) cut off the victim’s market price, approximately KRW 7,100,000,000, at around KRW 7,100,000, the victim’s market price owned by the victim, which was at least KRW 4,000,00,000; (d) 1,000,000 won in cash.

In addition, the Defendant habitually stolen the property amounting to KRW 395,352,00 in total over 46 times from that time until July 2, 2011, as indicated in the annexed List of Crimes, and attempted to steal the property on five occasions, but did not perform an attempted crime because the stolen property was not stolen.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Each police statement given to D, F, G, H, I, J, K, K, L, M, N (O), P, Q, Q, R, S, T, U, V, X, Y, Z, AA, AB, and AC;

1. Each written statement of AD, AE, AF, AG, AH, AI, AJ, AJ, AK, AL, AM, AP, AP, Q, AR, AS, ATS, AT, AU, AX, AX, AY, AZ, BA, BC, and BD;

1. Each protocol of seizure and each list of seizure;

1. Victim BE documents, each on-site photograph, No. 16, BF17, and each adequate photograph of the facts constituting the crime No. 7;

1. Previous conviction in judgment: Criminal history records and each investigation report (the evidence records, the pages of 1758 through 1764, and the pages of 1824 through 1855);

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 fact that the same crime has been committed in a planned and organized manner;

1. Article 5-4(6) and Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and the choice of punishment;