beta
(영문) 광주지방법원 2013.10.29 2013고단3299

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On July 20, 2005, the Defendant was sentenced to a suspended sentence of three years, community service order, and probation for one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in the Jinwon District Court's Jinju branch on July 2005, and was sentenced to imprisonment for larceny at the Gwangju District Court on November 18, 2005, and was sentenced to one year of imprisonment for a special larceny, etc. at the Suwon District Court on March 16, 201, and completed the execution of the sentence on January 13, 2012.

【Criminal Facts】

The Defendant, while living in a lodging place or a gambling place without a reasonable occupation or a certain dwelling place, had committed an intrusion on commercial buildings, etc. and had a mind to steals money and valuables.

On August 14, 2012, at least 13:40 on August 14, 2012, the Defendant habitually stolen money and valuables worth KRW 4,673,000, in total, 11 times from around 13:40 on August 14, 2012 to April 09:05, including the theft of money and valuables worth KRW 70,000,000, in total, consisting of KRW 20,000,000, in cash owned by the victim and owned by the victim.

Accordingly, the defendant habitually stolen the victims' articles.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, F, G, H, I, J, K, L, M, N, andO;

1. Photographs related to the larceny case, investigation report (34 pages of investigation record), reporting on the occurrence of larceny (thief (thief No. 49,62,8), report on the occurrence of theft (thief No. 49,62,88), investigation report (related to investigation), investigation report (general), cash details withdrawn by the suspect, photograph related to the case, investigation report (in cases of escape of a suspect, investigation, etc. by intrusion upon the suspect, etc.), and on-site photographs;

1. Previous Records and habituality of the judgment: In response to inquiries such as criminal records (A), investigation reports (Attachment of criminal records of the same kind as a suspect), investigation reports, personal identification and confinement status, and the criminal defendant has a record of punishment for the same kind of crime, as well as the sentence.