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Reasons
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(영문) 서울서부지방법원 2016.09.23 2016고단2230
특정범죄가중처벌등에관한법률위반(절도)등
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On June 30, 2009, the Defendant was sentenced to one year of suspension of the execution of imprisonment with prison labor for six months for special larceny, etc., in support of Sungnam branch of Suwon branch of Seoul Western branch of the District Court, on January 16, 2013, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for larceny, etc. on July 19, 2013, and was sentenced to five million won of a fine for larceny. On April 17, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. on August 5, 2015.

2. The Defendant habitually stolen another’s property and intruded upon each structure as follows.

A. On July 10, 2016, around 06:20 on July 10, 2016, the Defendant intruded with the entrance not corrected in the “E” operated by the victim D, the 1st underground floor in Mapo-gu Seoul Metropolitan Government Mapo-gu, Seoul, and opened the calcule by using the calculic key, and took 520,000 won in cash owned by the victim in the calcule.

L. A. L. theft was committed.

B. On July 10, 2016, around 06:26, the Defendant: (a) intruded the victim H in Mapo-gu Seoul Metropolitan Government FF “G” 303 with a entrance that was operated by the victim I and had been employed by the victim I as an employee; (b) stolen the victim H cash 50,000 won in the market price of the victim I who was on the table, and the cash 460,000 won in cash, and the total amount of KRW 5,40,000 in the market price of the victim I who was on the table, and the amount of KRW 4,40,000 in cash, which was located in the table.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of I, H and D;

1. Each CCTV photograph;

1. Each investigation report (No. 6, 7, 18, 19, 21);

1. Protocols of seizure, list of seizure and photograph of seized articles;

1. A previous conviction in judgment: A written reply to inquiry, such as criminal history (A), and a report on investigation (17 times);

1. Habituality of the holding: The application of the law to recognize the dampness in light of the records of each crime in the holding, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned manner.

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