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Reasons
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(영문) 광주지방법원 2013.06.27 2013고합154
특정범죄가중처벌등에관한법률위반(절도)
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1. The defendant shall be punished by imprisonment for four years;

2. Seized evidence 16 shall be confiscated;

3. The defendant shall make an applicant for compensation.

Reasons

Criminal facts

On September 16, 1998, the Defendant was sentenced to imprisonment with prison labor for a maximum of two years, for a short of one year and six months, for a short term, for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in a wooden Branch of Suwon District Court on March 30, 201, for three years, for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief), and for two years, for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the Net Branch of

In addition, on April 12, 2007, the Defendant was sentenced by the Seoul High Court to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on three years and six months, and the execution of the sentence was terminated on June 14, 2010.

Around 15:00 on April 1, 2012, the Defendant came to the house of Victim E located in B, but entered the ward beyond the wall, and then stolen with two cash 70,000 won and one gold-packer (total market price of KRW 2,00,000,000) located within the wall.

In addition, the Defendant habitually stolen or attempted to steals property worth KRW 29,702,00,00 from April 1, 2013 to April 1, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Each statement of F, E, G, H, I, J, K, L, M, N, andO;

1. A copy of the P statement;

1. Each protocol of seizure (No. 4, 24, 27, and 52 No. 41 of the evidence list) and investigation report (No. 41 of the evidence list);

1. Previous convictions in judgment: A inquiry letter, a copy of each judgment, a criminal investigation report (No. 82 No. 82 of the evidence list), and the current status of personal identification and confinement;

1. Habituality: The application of statutes to a theft is recognized in light of the fact that the Defendant had been punished several times for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, such as the first head of the judgment, and repeatedly committed the instant crime under several similar methods during the period of repeated crimes;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and the choice of punishment.

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