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(영문) 인천지방법원 2014.09.24 2014고합543
특정범죄가중처벌등에관한법률위반(절도)등
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A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

On July 21, 2006, the accused was sentenced to two years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Incheon District Court on July 21, 2006, and one year and six months of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Ansan District Court on October 9, 2008, and on September 30, 2010, the Incheon District Court sentenced four years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) and completed the execution of the sentence on June 13, 2014 and the previous and three times more.

Punishment of the crime

On July 9, 2014, at around 02:00 on July 9, 2014, the Defendant: (a) laid down the car in front of the victim D apartment in front of the Southern-gu Incheon Metropolitan City, by cutting the 100,000 won of the market price, and then cut off one cell phone of 700,000 won of the market price, which is the victim owned by the victim D; and (b) turned out one cell phone of 3,00,000 won of the market price, which is the victim owned by the victim.

As a result, the defendant damaged the glass of the victim and was sentenced to two or more times for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and habitually stolen the victim's property within three years after the execution of the sentence is completed.

Summary of Evidence

【Criminal Facts in the Market】

1. Defendant's legal statement;

1. Written statements prepared in D;

1. A criminal investigation report (specific as a suspect), an investigation report, and hearing statements on details of damage;

1. On-site reports on results of field identification;

1. Current status of the same person as the result of an appraisal request, appraisal report, and DNA comparison (Evidence List 9);

1. On-site photographs (the previous record of the board);

1. An inquiry report;

1. Current status of the number or expropriation of each individual (Evidence No. 25 in the evidence list);

1. The investigation report (the attachment report of the suspect's previous case and the detention case's list Nos. 26,27) (Habitualness in the market) is the same as the statement of "judgments on the defendant and defense counsel's assertion."

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