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(영문) 광주지방법원 2013.05.28 2013고단1616
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for two years.

Reasons

[Criminal Power] On February 11, 2011, the Defendant was released on February 28, 2013 and is currently under the parole period (the scheduled expiration date of September 1, 2013) while serving in prison one year and six months after having been sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (thief) in the pure Support of the Gwangju District Court.

【Criminal Facts】

On April 10, 2013, at around 16:20, the Defendant: (a) opened a toilet window with the victim’s house located in Gwangju Northern-gu, Gwangju, and opened a house with the victim’s house located in the second floor, and opened the house, and opened the house, with the cash equivalent to KRW 103,00,000, the market price of KRW 63,430, the amount of which is equivalent to KRW 12,000, the market price of which is equivalent to KRW 250,00,000, and the 18-k infant’s vexet with the market price of KRW 18,00,000, the market price of KRW 90,000, KRW 180,000, the market price of KRW 10,000, KRW 100,000, KRW 100,000, KRW 10,000, the market price of the Defendant’s 360,500.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Police seizure records;

1. Photographs of damaged articles and photographs of criminal tools;

1. Investigation report (as to the calculation of the amount of damage, the watch held by the suspect, and the photograph of contents contained therein);

1. Previous convictions in judgment: References to criminal records and investigation reports (reports attached to precedents of the same kind of power);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of the crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes have been committed systematically and systematically;

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 relevant criminal facts, and Article 329 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant confessions and reflects the instant crime, and all damaged articles are temporarily returned to the victim.

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