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(영문) 서울서부지방법원 2013.06.26 2012고단2315
특정범죄가중처벌등에관한법률위반(절도)
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1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. Seized evidence 1 to 6 from the defendant shall be confiscated.

Reasons

Punishment of the crime

【The Defendant was sentenced to two years of imprisonment for special larceny at the Seoul Central District Court on April 3, 1980; one year of imprisonment for robbery with the Seoul Central District Court on May 25, 1982; five years of imprisonment for robbery with the Seoul Central District Court on February 28, 1984; four years of imprisonment for special robbery with the Seoul Seoul High Court on April 29, 197; one year of imprisonment for special robbery with the Suwon District Court on January 20, 2004; one year of imprisonment for principal custody with the Suwon District Court on May 2, 2006; on January 16, 2009, the execution of the sentence was completed from the Yongsan District Court on June 12, 2009.

【Criminal Facts】 On February 29, 2012, the Defendant: (a) entered another person’s house to steals money and valuables; (b) prepared two boxes, portable fingers, etc.; and (c) opened a bend window of the building behind the building and intrudes into E’s residence with no correction of up to 4 stories; and (d) intrudes into E’s residence, the Victim F, which was contained on a small book, owned by the victim’s F, 2, 14K gold bars, 1, 14K gold bars, 1, 1, 14K gold bars, 1, 1, 14K gold bars, 1, 14K 1, 14K rings and 14K rings, 100,000 won of precious metals, such as 1,14K rings, 10,14K Hak and 14K rings, and 600,000 won of precious metals.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the police statement concerning F;

1. E statements;

1. Each report on investigation;

1. Police seizure records;

1. Previous records: References to criminal records and investigation reports (former records and attachment of judgment) shall apply to statutes;

1. Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 330 of the Criminal Act concerning the crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The criminal defendant is himself/herself who has been sentenced to both punishments of Article 48(1)1 of the Criminal Code.

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