beta
(영문) 서울동부지방법원 2015.11.12 2015고단2223

상습야간주거침입절도

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[Criminal Power] On March 29, 2001, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the Dong Branch of the Seoul District Court, and three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Central District Court on March 25, 2004, and thereafter, on September 10, 2013, the Defendant was sentenced to one year of imprisonment for night intrusion and larceny at the Seoul East District Court on September 18, 201, and the judgment became final and conclusive on September 18,

【Criminal Facts】

At around 20:00 on April 28, 2015, the Defendant did not commit an attempted act with the wind, a pipe, flabing the body of the victim's house, in which the victim's 402 window was opened in front of the Seoul Special Metropolitan City Gwangjin-gu, by cutting off the fire under subparagraph 402 where the victim D resides, with the intent to steal the property by entering the door, and the Defendant did not commit an attempted act with the wind that the victim emblings the body of the victim's house while breaking the gas pipe of the above neck outer wall, or breaking up the gas pipe of the 402 door, while advertising the stolen goods into the victim's house.

In addition, the Defendant habitually stolen the victim’s property from around that time to July 23, 2015, such as the list Nos. 1 of the annexed crime list, and the victim’s property was stolen at least 10 times in total, or the victim’s property was stolen at least 2 to 10 times a year.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each statement of E, F, D, G, H, I, J, K, L, M, N, andO;

1. Investigation report (the exercise of the suspect who has been seized and the relative comparison), investigation report (report on addition of damaged articles);

1. Records of seizure and the list of seizure (number 14, 15);

1. Previous records of judgment: Criminal records, investigation reports (verifications during the period of the same kind of suspect's power and the period of suspended execution), previous records of disposition and report on results of confirmation;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned manner;

1. Relevant provisions concerning facts constituting an offense;