beta
(영문) 춘천지방법원 강릉지원 2014.04.17 2014고단157

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal power] On June 17, 1998, the defendant was sentenced to 8 months of imprisonment with prison labor for special larceny at the Gangnam Branch of the Chuncheon District Court, and on January 30, 2002, the same court was sentenced to 1 year and 6 months of imprisonment with prison labor for night-time intrusion larceny, etc.; on April 14, 2004, the same court was sentenced to 1 year and 6 months of imprisonment with prison labor for larceny, etc.; on May 12, 2006, the same court was sentenced to 1 year and 6 months of imprisonment with prison labor for larceny, etc.; on May 19, 2009, the same court was sentenced to 8 months of imprisonment with prison labor for larceny; and on November 29, 2012, the execution of the said punishment was terminated in the Gangnam Prison prison on August 26, 2013.

【Criminal Facts】

At around 12:00 on February 17, 2014, the Defendant stolen the Defendant’s house of the victim D(67 years of age) located in Gangseo-si C, with property equivalent to KRW 24,400,000,000 in total, from the hand wall that was entered the victim’s inside and outside, 50,000 won in cash, 8,000 won in face value of the issuance of new bank, 1,00,000 won in cash of the issuance of the Nong Bank, 1,00,000 won in face value of the issuance of the Nong Bank, 22,00,00 won in promissory notes, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness D;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Police seizure records;

1. Each report on investigation;

1. Before judgment: References to criminal records and investigation reports (applicable to repeated crimes of suspects and confirmations) and Acts and subordinate statutes;

1. Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 329 of the Criminal Act concerning the crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Reasons for sentencing under Articles 53 and 55(1)3 (hereinafter the following grounds for sentencing) of the Criminal Act for discretionary mitigation;

1. The scope of punishment by law: Imprisonment for one year and six months; imprisonment for twenty-five years;

2. The scope of the recommended sentence on the sentencing criteria (determination of type) shall be the thief group;