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(영문) 서울중앙지방법원 2015.01.08 2014고합1424
특정범죄가중처벌등에관한법률위반(절도)
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Defendants shall be punished by imprisonment for three years.

One (No. 2), one (No. 2), and one (No. 1) for a seized consortium bus.

Reasons

Punishment of the crime

[criminal power] Defendant A was sentenced to imprisonment with labor for a maximum term of one year and two months at the Suwon District Court on June 9, 201 for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and was sentenced to imprisonment with labor for the same crime on January 23, 2013 at the Daegu District Court Kimcheon Branch on January 23, 201, and was sentenced to one year and six months on May 21, 2014 at the Daegu District Court Kimcheon Branch on May 21, 2014 and had seven previous prisons, including the termination of the execution of the final sentence, and Defendant B was sentenced to imprisonment with labor for a short term of one year and ten months at the Suwon District Court on June 9, 201 for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the person who completed the execution of the final sentence at the Daegu District Court on May 24, 2013 and completed the execution of the new prison.

【Criminal Facts】

On October 30, 2014, from around 02:00 to 03:00 on the same day, the Defendants committed a theft of the total amount of KRW 1.340,000,000, in total amount of five times, including the following: (a) Defendant B, who reported the network outside, Defendant A, who infringed upon the restaurant’s opening and the restaurant inside; (b) Defendant A, who had not been corrected, had a cash of KRW 1.90,00,000,000 in total, owned by the said victim; and (c) the Defendants stolen the cash of KRW 1.34,000,000,000, in total, from around November 2, 2014 to around 03:0.

Accordingly, the Defendants habitually and habitually stolen the victims' property.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. Each statement prepared by G, H, D, I, and J;

1. Records of seizure and the list of seizure;

1. Answers of the results of appraisal of each photograph, on-site and seized articles, and the scene of the crime;

1. Previous records of judgment: Each inquiry report on criminal records, etc., and each investigation report (verification of suspect A and B's same records, and ended of execution of punishment);

1. Habituality of the judgment.

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