beta
(영문) 서울서부지방법원 2012.12.07 2012고단1906

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On June 3, 2011, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at Seoul Southern District Court on June 3, 201, and the execution of the sentence was terminated at Seoul Southern District Court on January 21, 2012.

The Defendant, from February 10, 2012 to 17:00 on the same day, from around 15:00 on February 10, 2012 to around 17:00 on the same day, at least 10,00 won of the market price, 18 km 1,80,000 won of the market price, which is the victim’s ownership, after collection of house and intrusion into the house with the part of locking safe portion of the window 100,000 won, which is the victim’s dwelling between the victim’s dwelling, and at least 1,80,000 won of the market price, 1,000,000 won of the market price, 1.52,000 won of the digital theft, including 1,50,000 won of the market price, 2,000 won of the pigs C, and 2,500,000 won of the market price.

8. Until 17.17., the total market value of 30,168,00 won was stolen over 16 times as shown in the annexed list of crimes.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning E, F, C, G, and H;

1. E statements;

1. Protocols of each seizure, photographs of seized articles and expert records of each seizure;

1. Previous records: A reply to inquiries, such as criminal records, investigation reports (Attachment to a copy of the judgment);

1. Habituality of the judgment: The records of the crime in this case and the method and frequency of the crime in this case, and the continuous and repeated crimes of the same kind are recognized. The application of Acts and subordinate statutes shall apply;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act by combining the relevant provisions on the crime.

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

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are sentenced to punishment for the same crime.