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(영문) 전주지방법원 군산지원 2017.01.12 2016고합169
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On December 19, 190, the Defendant was sentenced to imprisonment with prison labor for a short term of ten months, one year and six months, one year and six months, and two years and six months, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu High Court on October 20, 1993, at the Seocheon Branch of the Daejeon District Court on February 28, 1997, for larceny at the Daejeon District Court on August 24, 200, and one year and six months, and one year and six months, from the Daejeon District Court on September 29, 200 to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seocheon District Court on April 5, 2013, and completed imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jeju District Court on March 24, 2013.

【Criminal facts” around 10:10 on November 19, 2016, the Defendant: (a) opened a kitchen that was behind the Defendant’s house located in Yasan City (the age of 81) around 10:10,000; (b) opened a kitchen that was not unlocked, and entered the victim’s house; and (c) invaded the victim’s house; and (d) used cash 1.24,00 won (per KRW 21,00,000; KRW 19); and (d) stolen the Defendant with four bags containing KRW 4,00,000 per day of a merchandise coupon.

As a result, the Defendant was sentenced to punishment twice or more due to larceny, etc., and habitually stolen property within three years after the execution of the punishment is completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A protocol of seizure and a list of seizure;

1. On-site photographs;

1. Investigation report (Attachment of CCTV data around the scene of damage);

1. Previous records: Inquiry into criminal records, investigation reports (in relation to confirmation of records of prisoners, attachment of criminal suspects' judgments, etc. and reporting on confirmation of the period of repeated crimes);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, etc.;

1. Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning criminal facts.

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