특정범죄가중처벌등에관한법률위반(절도)
A defendant shall be punished by imprisonment for two years.
Seized evidence 1 to 3 shall be confiscated, respectively.
Punishment of the crime
[criminal record] On September 14, 2012, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny, etc. in the Seoggu District Court Branch Branch of the Daegu District Court on September 14, 2012 and was punished for the same crime several times on May 11, 2013.
【Criminal Facts】
1. On September 16, 2014, the Defendant, at around 12:30 on September 16, 2014, committed an attempted crime, without having to find any stolen things, even though the Defendant: (a) was aware that the Defendant entered another’s house and stolen money and valuables; and (b) had the window of the living room, which the victim was divingd with the house, by hand hand, and released the correction device under the above order; (c) opened the window and intruded into the house; and (d) opened the erogate head and the erogate inside the living room and the inside the house; and (d) found any stolen things.
2. The Defendant: (a) around 13:00 on September 16, 2014; (b) had been in front of the phrase “G” store operated by the Victim F in E at the time of resident stay; (c) had been placed in front of the opening of the entrance at which the victim temporarily opened the house and opened the door to the inside of the entrance; and (d) invaded into the house through the open door after opening the entrance; (c) had a cash of KRW 1,000,000 on the victim’s right-hand side, which was located at a small bank located in the living room, and a total of KRW 1,041,000,000 in cash owned by the victim and KRW 41,000 in cash owned by the victim, which was located at the small bank located in the living room.
Accordingly, the defendant habitually stolen or attempted to steals the victims' property.
Summary of Evidence
[Fact 1]
1. Defendant's legal statement;
1. The written statement of D (the fact of No. 2 at the time of sale) (the fact of No. 31);
1. The defendant's partial statement (the statement that the defendant stealss 41,00 won in cash stated in paragraph (2) of the crime committed on the market);
1. Statement made by the police with F (investigative records No. 181);
1. Previous records of judgment: Criminal records, inquiry reports, the previous records of investigation reports, and copies of written judgments;