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Reasons
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(영문) 서울남부지방법원 2010.10.01 2010고단2545
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for two years.

No. 4-6 of seized evidence shall be returned to each victim's name in default.

Reasons

Punishment of the crime

On September 21, 2006, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by the Seoul Southern District Court on September 21, 2006, and the same criminal records were more than four times on June 4, 2009.

1. At around 17:00 on August 16, 2010, the Defendant discovered one of the keys of the victim under his/her name in the name in the DPC room located in Yeongdeungpo-gu Seoul Metropolitan Government C, with the Internet at the PC room located in Yeongdeungpo-gu Seoul Metropolitan Government C, and cited it and habitually stolen it.

2. Around 06:00 on August 17, 2010, the Defendant found at the bus stops in front of the air force center located in the Dongjak-gu Seoul Metropolitan Government, that the victim under the name was under the influence of alcohol and had access to the victim, thereby thefting him habitually with the key 1 unit and 1 unit of the digital camera (FE-320) at the market price of the victim’s hand.

3. On August 17, 2010, at G cafeteria operated by the victim FF in Yeongdeungpo-gu Seoul Metropolitan Government on August 15, 2010, the Defendant: (a) opened cash 83,000 won in the Kacter by using any cresh in the customer room; and (b) temporarily cut off the cash 83,00 won in the Kacter; and (c) temporarily cut off it.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Records and lists of police seizure;

1. A report on investigation (the articles seized and photographing of a suspect);

1. Previous convictions in judgment: Criminal history records, investigation reports (verification of the expiration of the term of punishment);

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

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

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Discretionary mitigation is in depth divided the errors under Articles 53 and 55(1)3 of the Criminal Act.

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