beta
(영문) 전주지방법원 2015.05.27 2015고단555

상습특수절도

Text

A defendant shall be punished by imprisonment for two years.

Seized evidence 1 to 4 shall be confiscated.

Reasons

Punishment of the crime

[Criminal Justice] On January 5, 2007, the Defendant was sentenced to imprisonment with prison labor for night-time intrusion larceny in the Goyang Branch of the District Court of the Jung-gu, the Defendant had the same criminal records two times more in addition to imprisonment with prison labor for 8 months and 2 years more.

【Criminal Facts】

At around 01:00 on December 10, 2012, the Defendant: (a) opened a side window using two drackers prepared in advance to bring about KRW 80,000 in cash owned by the victim in the store; and (b) opened the window or opened the window in the same way 126 times in total from April 6, 2015 to April 6, 2015 in the attached list of crimes; and (c) infringed on the window, thereby bringing about KRW 76,00,000 in total of the market prices owned by the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Each statement;

1. Each photograph;

1. Records of seizure and the list of seizure;

1. A report on internal investigation:

1. Each investigation report, each occurrence report, and accompanying documents (including CDs);

1. Application of Acts and subordinate statutes to criminal records;

1. Articles 332, 331 (1), 330, and 342 of the Criminal Act concerning the facts constituting an offense;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is against the defendant, and the majority of the crimes of this case among the crimes of this case is revealed to be led by the defendant himself/herself. However, despite the fact that the defendant had been punished several times in the same kind of crime, this case committed a theft of property equivalent to KRW 76 million in total by intrusioning on his/her residence, etc. mainly by destroying corrective devices at night over 126 times during about 2 years and 4 months in spite of the fact that the defendant had been punished several times, and taking account of the method and contents of the crime, the degree of damage, the nature of the crime is not good in light of the degree of damage, and the damage has not been properly recovered, and thus, the defendant's liability for

except that this is advantageous to the foregoing.