(영문) 창원지방법원 진주지원 2015.05.12 2015고단143

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(영문) 창원지방법원 진주지원 2015.05.12 2015고단143

상습절도

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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

[criminal power] On October 19, 199, the Defendant was sentenced to imprisonment for one year and six months with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Changwon District Court on March 20, 2003, one year and six months from imprisonment with prison labor for the same crime at the Changwon District Court on March 22, 2005, two years from imprisonment with prison labor for the same crime at the Changwon District Court on August 30, 2007, and three years from the Busan High Court on August 30, 2007. On September 10, 2011, the Defendant was sentenced to three years from imprisonment with prison labor for the same crime at the Seoju District Court on September 4, 2014.

【Criminal Facts】

1. On February 17, 2015, around 13:41, 2015, the Defendant discovered that the victim F was boomed by the victim E in front of the D market located in Jinju-si, Jin-si, and instead used the gaps in which the victim neglected to exercise due diligence, left a white bag containing KRW 319,000 in cash located in the victim’s bank.

2. At around 15:30 on February 17, 2015, the Defendant: (a) saw the goods to be purchased by the victim He in front of the G rice farm located in Jinju-si, Jinju-si; and (b) tried to steal the goods by inserting hand into the victim’s locker’s locker, but did not go against the wind discovered by the witness I.

Accordingly, the defendant habitually stolen or attempted to steals the victims' property two times in total.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, H, J, and I;

1. Seizure records;

1. Letters, photographs, etc. of the suspect at the time of arrest, investigation reports (related to the identification of the suspect), written expert evidence, photographs, etc. of the suspect as at the time of arrest (related to the suspect's identification), investigation reports (related to the confirmation of reported time), investigation reports (related to the CD attachment and the confirmation of the scene of crime);

1. Previous convictions in judgment: Criminal records, investigation reports (verification of the date of release and attachment of judgment), personal identification and confinement status, and judgment;

1. Habituality of the judgment:

참조조문

-특정범죄 가중처벌 등에 관한 법률

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