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(영문) 수원지방법원 2017.08.10 2017고단3938
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for one year.

Seized evidence No. 7 or 8 shall be confiscated from the accused.

Reasons

Punishment of the crime

【The Defendant was sentenced to two years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daejeon District Court’s Branch on December 26, 2007, and the period of parole was expired on July 30, 2009 in the branch office of the Daejeon District Court. On August 13, 2010, the Daejeon District Court sentenced the Defendant to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Daejeon District Court’s Daejeon District Court on August 13, 2010 and completed the execution of the sentence on June 14, 2012. On June 28, 2013, the Daegu District Court sentenced the Defendant to four years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Daegu District Court’s Branch on March 29, 2017.

[Criminal Facts]

1. On May 29, 2017, at around 00:10 on May 29, 2017, the Defendant: (a) went into a “D judicial scrivener office” operated by the victim D, D; (b) and (c) invaded into a locking device by cutting off the glass of the said office, and went into a new bank passbook owned by the victim D; and (d) stolen one copy of the passbook and one copy of the passbook of the national bank owned by the victim D.

2. On May 29, 2017, at around 03:08, the Defendant opened a window that was not corrected for the purpose of theft of money and valuables and infringed on the said office, and attempted to steals money and valuables owned by the victim, but did not discover any money and valuables. However, the Defendant did not commit an attempted crime.

As a result, the defendant was sentenced to imprisonment not less than three times with prison labor due to larceny, etc., and committed a special larceny or an attempt to larceny at night within three years after the execution of the sentence is completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of H, D, and F;

1. Telephone conversations of a victim F;

1. On-site photographs, site photographs of the occurrence of the case, photographs of which the victim continues to flee after the second crime, and photographs of which the victim continues to flee after the second crime;

1. Goods which are seized and seized in his possession; and

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