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(영문) 대전지방법원 2014.06.03 2014고단1458
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 to 4 shall be confiscated.

Reasons

Punishment of the crime

On July 3, 2008, the Defendant was sentenced to 10,000 won by imprisonment with prison labor for night building intrusion larceny, 300,000 won by the same court on December 7, 2012, 10,000 won by the same court on December 10, 2012, and 2,00,000 won by the same court on September 5, 2013.

Around 02:00 on February 24, 2014, the Defendant: (a) confirmed that the door of the E-motor vehicle parked by the victim D in Daejeon-gu, Daejeon-gu, Seoul, had a cash of KRW 120,000, which is one of the victims; and (b) attempted to habitually steals or steals other’s goods ten times in total until April 29, 2014, such as the list of crimes in the attached list.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of DFGHIJKL;

1. The police seizure report and seizure list;

1. Habituality: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime committed based on a reply to inquiries, such as criminal records, and a criminal investigation report, the frequency of offenses, and the fact that the same kind of crime has been continuously repeated several times;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329, 331 (1), and 342 of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 48(1) of the Confiscation Criminal Act / [the scope of recommending punishment] / The reason for sentencing under Article 48(1) of the Criminal Act / The fact that: (a) the thief group, habitual repeated crime larceny (type 1); (b) the basic area; (c) the imprisonment with prison labor for two years to four years (the decision of sentencing); (d) once the same sentence is sentenced to a fine for one year and six months; (e) the failure to perform the same criminal act; (e) continuing to commit

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