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Reasons
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(영문) 대전지방법원 2013.12.24 2013고단2339
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On April 30, 2004, the Defendant was sentenced to a disposition to forward juvenile protection cases as a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Incheon District Prosecutors' Office, and on March 31, 2006, the Incheon District Court sentenced on three years of suspension of execution to one year and six months. On November 30, 2006, the Incheon District Court sentenced on one year and one year of imprisonment with prison labor for a short term of ten months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Incheon District Court. On June 4, 2009, the Defendant completed the execution of the sentence by the Daejeon District Court on February 19, 2013.

1. On April 30, 2013, at around 17:50 on April 30, 2013, the Defendant opened a locked gate at the victim D’s house in Seo-gu Daejeon, Seo-gu, Daejeon, and opened a kitchen and entered the kitchen through the kitchen, and entered the kitchen with the kitchen, and then, the Defendant taken a cream-shaped 1.8 money in the market value of the victim’s house in the cremation, which is the victim’s ownership in the cremation, of KRW 300,000,000,000,000,000 won in the market value and one half of the total market value, and one million,00,000,000 won in the market value.

2. On April 30, 2013, around 18:00 on April 30, 2013, the Defendant: (a) entered the gate opened in Seo-gu Daejeon, Seo-gu, Daejeon, through the window opened in a mash, carried the gate, and (b) carried the frogate, and (c) fladding one in cash on TV in the form of two 100,000 won on TV at that place.

Accordingly, the defendant habitually stolen the victim's property twice.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. A written appraisal;

1. Previous convictions: Criminal records and copies of written judgments;

1. Habituality of judgment: To be sufficiently recognized in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned and organized manner in the judgment;

Application of Statutes

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