beta
(영문) 수원지방법원 2014.06.12 2014고합121

특정범죄가중처벌등에관한법률위반(절도)

Text

Defendant

A shall be punished by imprisonment with prison labor for three and a half years, and by imprisonment for five years, respectively.

1.2.2.2.2.2.31

Reasons

Punishment of the crime

[Criminal Power] On December 10, 2007, Defendant A sentenced Defendant A to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (thief) at the Seoul Central District Court, and completed the execution of the sentence on April 25, 2009.

Defendant

B sentenced two years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Daejeon District Court on August 19, 2005. On June 5, 2008, the Gwangju High Court sentenced five years to imprisonment for the same crime, and completed the execution of the sentence on September 30, 2012.

【Criminal Facts】

The Defendants reported the network of Defendant B to commit the recent high-priced apartment households, which had been recently newly built, and prepared in advance the following ways: (a) Defendant A had intruded with the rail installed in Berca and the off-to-air string of the air container, to steal money and valuables; and (b) had no electrical and multimond screening machines to communicate with the large-to-face vehicles to be used for committing the crime.

From January 16, 2014, at around 23:00 on 23:0, the Defendants came to view the Defendant B’s network in the front of 433 dong, and had a precious metal equivalent to KRW 6 million, KRW 500,000, KRW 800,000, and a foreign currency equivalent to KRW 8,000,000, which was owned by the victim H, who had been in custody in the front of the said apartment house by opening up to 303, on the part of the Defendant A, who was on the bera rail and the off-to-air storage unit of the fish container, without correction under 303.

The Defendants habitually stolen or attempted money and valuables worth KRW 423,920,000 from August 19, 2013 to February 11, 2014, together with money and valuables worth KRW 423,920,000, totaling 43 times as indicated in the annexed crime list.

Summary of Evidence

1. Defendants’ respective legal statements

1. Written statements of I, J, H, K, L, M, N, P, Q, Q, S, U, V, W, X, Y, Z, AB, AC, AD, AE, AF, AH, AJ, AJ, AJ, AK, AK, AL, AM, AP, AP, AP, AS, ATS, ATS, AU, AV, AV, AW, and AX;

1. Each protocol of seizure, each list of seized articles, each photograph thereof;