특정범죄가중처벌등에관한법률위반(절도)
The defendant shall be innocent.
1. The summary of the facts charged in the instant case [criminal record] on August 31, 2005, the Defendant was sentenced to imprisonment for six months with prison labor for larceny at the Incheon District Court in the Incheon District Court on February 9, 2006, two years of suspended execution to six months of imprisonment with prison labor for larceny, etc., and one year and six months of imprisonment with prison labor at the Suwon District Court in March 28, 2007, and one year and six months of imprisonment with prison labor at the Seoul East District Court in March 28, 2007, respectively. On August 11, 2010, the Defendant was sentenced to imprisonment with prison labor for one year and six months for violating the Act on the Aggravated Punishment, etc. of Specific Crimes at the Incheon District Court on August 24, 2011 and completed the execution of the sentence at the Daejeon Prison.
【Criminal Facts】
At around 13:10 on June 9, 2012, the Defendant: (a) confirmed that there was no person in front of the office “E” office for the victim’s operation “E” on the upper floor C2 in Ansan-si, Ansan-si; (b) opened and intruded the key of the above office entrance by using the 3th floor of the instant building with a portable medicinal boom, which was located in the stairs of the third floor of the said building; and (c) inserted two points on the seat of the victim’s 1.30,000 won of the market value, which was located in the relevant clothes.
Accordingly, the defendant habitually stolen the victim's property.
2. Determination:
A. The Defendant asserted that, from the investigative agency to the court of this case, the Defendant was in the building where the victim’s office was located in order to search for toilets due to defluence of represented at the time of this case, and that there was no place of Madin cremation and entered the office of the second floor of the above building without permission. However, the Defendant did not open the key of the above office entrance, and did not intrude into the office, but did not interfere with the victim’s sports uniforms in the office, and the crime of this case cannot be deemed to have been caused by theft and theft of the Defendant.
B. (1) First of all, whether the defendant was stolen on two punishments on the victim's gymnasium by opening the office locks of the victim's office.