beta
(영문) 수원지방법원 2016.03.25 2016재고합3

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for three years.

One (Evidence No. 1) shall be confiscated.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Suwon Franchising Board on September 7, 2006, and was sentenced to two years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Suwon Franchising Board on April 8, 2009, and was sentenced to two years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on February 28, 2011, and

[Criminal facts]

1. On February 2013, 2013, the Defendant habitually discovered and stolen the key corresponding to KRW 20,000,00, which included the key to the gate of the victim D located in Suwon-si, Suwon-si, Suwon-si, from around early February 2, 2013, around early February 2, 2013.

2. On April 22, 2013, the Defendant habitually committed the crime, around April 22, 2013, found the key to the front of the Victim F, which was located in Suwon-si, Suwon-si E 201, and discovered the door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door, and attempted to steal the victim’s object by discovering the fact that there was a person inside the house, but attempted to steal the victim’s object, and waived the crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written statements prepared by D;

1. A protocol of seizure and a list of seizure;

1. On-site photographs and the scene photographs of damage;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (the confirmation of the date of release from office and review of the suspected crime);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, and the same kind of crime under judgment repeatedly;

1. Relevant legal provisions concerning facts constituting an offense and Articles 332, 329, and 342 of the Criminal Act that choose a penalty (to be collectively sentenced to imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The sentencing criteria is not set for a crime on the grounds of sentencing under Article 48(1)1 of the Criminal Act.

1. The scope of applicable sentences under law: Imprisonment for one month to 18 years; and

2. Determination of sentence: Imprisonment with prison labor for the crime of this case for three years shall steals the keys posted by the defendant to the main gate.