(영문) 서울중앙지방법원 2018.2.8. 선고 2017고합1070 판결

On October 26, 2010, the Defendant sentenced three years and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Jeonju District Court, and on May 28, 2014, the Incheon District Court sentenced three years and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) and completed the execution of the final sentence on September 1, 2017.

The Defendant, who was sentenced twice or more due to the habitually violating the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and was habitually punished within three years after the execution of the sentence is completed, and again destroyed the glass door of the "E" restaurant run by the victim D in Mapo-gu Seoul Metropolitan Government on September 10, 2017 with a brickd door, and released the lock device by putting the hand in the gap of the shoulder glass door, and did not find cash to be stolen, but did not intrude into the lock device, and committed an attempted crime, such as special larceny, night-time structure erosion, and attempted it over 22 times from around that time to October 8, 2017, as shown in the list of crimes committed.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F, G, H, I, K, K, L, M, N, P, Q, R, D, S, T, U, V, X, Y, Z, AA, and AB;

1. Records of seizure and the list of seizure;

1. Each gene appraisal report, each detained suspect DNA personal information inquiry report, each thief case's fingerprint confirmation, and a stief personal identification report;

1. A photograph of each on-site CCTV image taken, a photograph of each on-site photograph, a copy of a receipt, and a CCTV image CD in each crime committed;

1. A report on internal investigation (in relation to internal investigation, such as field investigation, on-site investigation, on-site investigation, on-site investigation, etc., on-site investigation, on-site investigation, on-site investigation, and on-site investigation, on-site investigation, and on-site investigation, CCTV tracking, on-site investigation, CCTV analysis, CCTV analysis, such as on-site investigation, victim's counter investigation, on-site investigation, on-site investigation, on-site investigation, and on-site investigation, on-site investigation, and on-site appearance of a suspected victim);

1. An investigation report (in relation to the result of a reply to the request for genetic appraisal, the verification of CCTV images at a criminal suspect's place of crime, attachment of results of on-site identification, reporting on the level of damage to the victim telecommunications currency, loss of locking device and related BL telephone reporting on the locking device, specific suspect);

1. Each report on the occurrence of each crime, each criminal's place, each on-site identification report, and each on-site file report;

1. Previous records of judgment: A criminal investigation report (report on attachment of the same kind of power judgment, reporting on confirmation of the period of repeated offense), criminal records, and inquiry report;

1. Habituality of judgment: Application of Acts and subordinate statutes to the larceny shall be recognized in view 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 applicable to criminal facts;

Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 330, 331(1), and 342 of the Criminal Act (generality)

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Confiscation;

1. Scope of applicable sentences by law: Imprisonment with prison labor for 3 years - 50 years;

2. Scope of recommended sentences according to the sentencing criteria;

[Determination of Punishment] thief under the Specific Crimes Aggravated Punishment Act (Habitual thief)

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment for 2 years, 4 years

3. Determination of sentence: Four years of imprisonment; and

The crime of this case was committed by the Defendant, who had been habitually sentenced two or more times to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, by habitually larceny, and was released from prison, and was habitually committed 22 or more times during a period of one month to restaurant, etc. at night. The nature of the crime is bad. The damage was not completely recovered even if the amount of damage reaches 20 million won. In light of this, it is necessary to punish the Defendant with strict punishment corresponding to his responsibility.

However, the fact that the defendant has divided his mistake, etc. shall be considered as favorable circumstances to the defendant, and the defendant's age, character, character, environment, family relationship, and the motive and circumstances of the crime of this case shall be determined like the order, comprehensively considering various sentencing conditions prescribed by Article 51 of the Criminal Act, such as the circumstances after the commission.