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(영문) 부산지방법원 2012.07.10 2012고합410
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for not less than four years and six months.

Reasons

Punishment of the crime

[criminal power] On September 18, 2002, the Defendant was sentenced to imprisonment with prison labor for one year and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Changwon District Court on October 19, 2004 and two years and six months for the same crime at the Changwon District Court on January 11, 2006, respectively. On October 31, 2008, the Defendant was sentenced to imprisonment with prison labor for the same crime at the Changwon District Court on March 13, 2012.

【Criminal Facts】

1. Around 12:00 on March 15, 2012, the Defendant went into the house of the victim D located in Jinju-si, Jinju-si, through an open door door in excess of the gate, and then intruded into the house through an open door door door, and then, the Defendant has three amblings equivalent to KRW 1.2 million at the market price of the victim located in the Ansan-si, which is the victim located in the Ansan-si, and three amblings equivalent to KRW 9,00,000 at the market price of KRW 40,000,000 at the market price, one ambals of Jin-si equivalent to KRW 2,00,000 at the market price, and one ambals equivalent to KRW 1,30,00,000 at the market price.

2. Around 12:30 on March 17, 2012, the Defendant came into the house of Victim F in Jinju-si E, and intruded into the house through an open door door door to the gate, following the Defendant’s intrusion into the house, the market price in which the victim owned in the small cremation unit had 5 and 1 gold ebs.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of G police officers;

1. Each statement of D and F;

1. Purchase account books, records of seizure, and each investigation report;

1. Previous convictions indicated in judgment: Criminal records, each investigation report (the attachment of a copy of written judgment and confirmation at the expiration of term);

1. Habituality of judgment: dampness is recognized in light of the records of each crime, similarity of the number of crimes, frequency of crimes, and the fact that the same kind of crime was committed again within a short time after the execution of the final sentence is completed, etc.

Application of Statutes

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