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(영문) 서울동부지방법원 2015.01.06 2014고합350
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On November 28, 1991, the Defendant was sentenced to a maximum of 10 months of imprisonment for special larceny and a short of 8 months at the Seoul District Court. On January 7, 1993, the Defendant was sentenced to a maximum of 1 year and 6 months of imprisonment for special larceny at the Seoul District Court and a short of 1 year and 1 year of imprisonment for a short term on September 3, 1997, and was sentenced to 2 years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul East District Court on February 4, 2005, and was sentenced to 2 years and 6 months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Northern District Court on June 12, 2008, and completed the execution of the sentence on July 16, 2014.

On October 15, 2014, the Defendant, together with C (Suspension of Prosecution on the same day) around 03:30 on October 15, 2014, opened a gate in which the victim was corrected in excess of the fence and entered the said gate, and opened the gate in which the victim was corrected in front of the victim E’s house located in Gwangjin-gu Seoul Special Metropolitan City, and went into the said gate, and infringed on the said gate, and cut off with one 30,000 won of cash owned by the victim.

As a result, the Defendant was sentenced two or more times to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes due to habitual larceny, and again stolen another’s property within three years after the execution of the sentence was completed.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. On-site photographs and CCTV photographs;

1. Each investigation report, receipt of a report on the fact of damage, reports on the theft, reports on the results of field identification, and expert report;

1. Previous records of judgment: Criminal records, inquiry reports (A), investigation reports (a copy, etc. of judgment);

1. Habitualness: The defendant has a majority of the same power and repeats the same during the period of repeated crime, as seen below.

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