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(영문) 인천지방법원 부천지원 2014.02.13 2014고단16
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Cumulative Offense and Criminal Records] The Defendant was sentenced to ten months of imprisonment with prison labor for night intrusion larceny at the Seoul Central District Court on October 15, 199, and was sentenced to one year and six months of imprisonment with prison labor for the same crime in the Seoul Western District Court on September 26, 200, and was sentenced to two years of imprisonment with prison labor for the same crime in the Seoul Western District Court on August 30, 2002, and three years of imprisonment with prison labor for the same crime in the Incheon Western District Court on September 6, 2007. On August 13, 2010, the Defendant was sentenced to three years and six months of imprisonment with prison labor for the same crime in the same court on December 11, 2013.

【Criminal Facts】

On December 23, 2013, at around 23:30 on December 23, 2013, the Defendant: (a) intruded the victim D with a string of the space without opening the door, and caused a theft of KRW 10,000, credit card 2, passbook 2, 2, physical card 4, and 25,000, in which the resident registration certificate is included; and (b) caused a theft of KRW 10,00,00.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Written statements of D;

1. Seizure records;

1. CCTV photographs;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of a copy of the judgment), and application of Acts and subordinate statutes concerning personal identification and confinement status;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do134, Jan. 1, 201>

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