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(영문) 수원지방법원 평택지원 2016.05.04 2016재고합5

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not less than three years and eight months.

Reasons

Punishment of the crime

[criminal record] On December 19, 196, the defendant was sentenced to imprisonment with prison labor for the purpose of special larceny at Suwon District Court's Suwon District Court's Eunpyeong District Court's branch on November 29, 200; imprisonment with prison labor for the same crime of larceny and other acts of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on December 24, 2002; imprisonment with prison labor for one year and nine months; on July 14, 2004, one year and nine months; and on August 20, 2009, the execution of the final sentence was completed at the same prison on May 25, 2012 after being sentenced to three years of imprisonment with prison labor for the same crimes. < Amended by Act No. 11448, Jul. 14, 2004; Act No. 9748, Aug. 20, 209>

[Criminal facts]

1. On September 22, 2012, at around 21:00, the Defendant: (a) destroyed the security windows of windows opposite to the front door to the front door to the victim D located in Pyeongtaek-si C B, and then invaded by the front door through the front door; (b) one copy of identification card (E, D); (c) one copy of the driver’s license; (d) two copies of one transportation card; and (d) three cash and five hundred and sixty hundred million won (100,000 won check; (100,000 won check; 1; and 10,000 won per day).

2. On September 27, 2012, the Defendant confirmed that no one exists in the house to intrude into the victim G in Pyeongtaek-siF’s residence, and opened and intrudes into the entrance door outside the house fence, and was on TV of the living room.

20,000 won and 40,000,000 won and 10,000 won and 10,000 won, were stolen.

Accordingly, the defendant habitually intruded the residence of the victims and stolen the property two times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement related to G, written statement of the police, and written statement of D;

1. Seizure records;

1. On-site photographs and photographs of seized articles;

1. Previous convictions in judgment: Inquiry into criminal records, investigation reports (report on confirmation of the expiration of the term of punishment), investigation reports (report accompanied by a copy of the judgment);

1. Habituality of the judgment: Each record of the crimes in the judgment;