beta
(영문) 인천지방법원 부천지원 2016.10.07 2016재고합6

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for six years.

Seized evidence Nos. 1 through 7, 232, 233 and 318 shall be confiscated.

Reasons

Punishment of the crime

【Criminal Power】 On January 8, 199, the Defendant was sentenced to seven years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (thief) in the Sungnam Branch of Suwon District Court, and was sentenced to three years and six months of imprisonment with prison labor for the same crime at the Incheon District Court on July 5, 2006 and completed the execution of the sentence on November 9, 2009

【Criminal Facts of Crimes】 Around July 31, 2010, the Defendant: (a) opened a beera window at approximately 102 dong 204, Bupyeong-gu, Incheon Metropolitan City, Bupyeong-gu, Incheon, with the opening of the victim D’s house; and (b) stolen the victim’s market price at approximately KRW 7.1 million, which was approximately KRW 7.1 million in the market price owned by the victim, and approximately KRW 4,100,000,000,000, and KRW 150,000,000.

In addition, the Defendant habitually stolen the property amounting to KRW 395,352,00 in total over 46 times from that time until July 2, 2011, as indicated in the annexed List of Crimes, and attempted to steal the property on five occasions, but did not perform an attempted crime because the stolen property was not stolen.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Each police statement given to D, F, G, H, I, J, K, K, L, M, N (O), P, Q, Q, R, S, T, U, V, X, Y, Z, AA, AB, and AC;

1. Each written statement of AD, AE, AF, AG, AH, AI, AJ, AJ, AK, AL, AM, AP, AP, Q, AR, AS, ATS, AT, AU, AX, AX, AY, AZ, BA, BC, and BD;

1. Each protocol of seizure and each list of seizure;

1. Victim BE documents, each on-site photograph, No. 16, BF17, and each adequate photograph of the facts constituting the crime No. 7;

1. Previous conviction in judgment: Criminal records and each investigation report (Evidence records 1758-1764 pages, 1824-185 pages);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same crime has been committed in a planned and organized manner;

1. The former specific crime, covering the pertinent Article of the Criminal Act and the choice of punishment.