beta
(영문) 서울중앙지방법원 2015.05.27 2015재고합35

특정범죄가중처벌등에관한법률위반(절도)등

Text

Defendant shall be punished by imprisonment for a term of two years and eight months.

Reasons

Punishment of the crime

[criminal power] On December 28, 2004, the Defendant was sentenced to imprisonment for one year with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Daejeon District Court, and on August 16, 2005, at the same court on May 17, 2007, to imprisonment with prison labor for the same crime, two years and six months, and one year and six months, respectively, and the execution of the sentence was completed in the first prison of North Korean defectors, from the same court on March 30, 201, after being sentenced to imprisonment with prison labor for the same crime on August 17, 2012. < Amended by Act No. 11000, Sep. 7, 2009>

【Criminal Facts】

Defendant, habitually,

1. On October 31, 2012, around 11:46 October 31, 2012, in D border in Gangnam-gu Seoul Metropolitan Government, the victim’s “F” managed by the victim E intrudes the wall, and then cut off three million won in cash, and one part in the market price, respectively, within the room of the grgs located within “F” and the victim’s name, in which the grgs owned by the Grgs and one part in the unreshing room;

2. On November 28, 2012, around 18:30 on November 28, 2012, at the place indicated in paragraph (1), the victim E went to the “F” managed by the victim and intrudes the wall, and then, the bank failed to commit an attempted act, even though it attempted to steal money and valuables by breaking the shoulder head and clothes located within the “F” boundary of the name in the “F,” but did not go to the wind so far as the credit was discovered to clean the e-mail.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E;

1. CCTVs at each site ( October 31, 2012, November 28, 2012);

1. Before judgment: Criminal records, previous records of disposition, report on results of confirmation, report on investigation (Attachment to a copy of judgment), and copy of each judgment and current status of confinement of personal data;

1. Habitualness of the judgment: Application of Acts and subordinate statutes recognizing dampness shall apply in light of the fact that a person was sentenced to punishment for the same kind of crime, method of crime, frequency of crime, and the execution of punishment for the same kind of crime in the judgment, and that another person was committed for the larceny at least two months after the sentence was completed;

1. The corresponding provisions of the Criminal Act concerning criminal facts; and