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(영문) 춘천지방법원 원주지원 2013.12.04 2013고단614
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Justice] On July 8, 2009, the Defendant was subject to the disposition of suspending prosecution for special larceny at the Suwon District Prosecutors' Office, on October 6, 201, on February 10, 201, on the part of the above Prosecutor's Office, on special larceny at the above Prosecutor's Office, on February 16, 201, on the part of the above Prosecutor's Office, on the part of special larceny at the above Prosecutor's Office, on February 21, 201, on the part of the above Prosecutor's Office, and on the part of the special larceny on February 21, 201, on May 4, 201, on the part of the Suwon District Court, the Defendant was sentenced to a summary order of KRW 1 million on October 18, 2013.

【Criminal Facts】

On August 14, 2013, the Defendant: (a) opened a door at the front parking lot located in C at Won-si, Seoul; (b) opened a door using the upper part of the FF car parkeded by the victim E in advance; and (c) attempted to steals or attempted to steal the victim’s property by the following means: (a) a line of money equivalent to KRW 150,000,000, the market price of the victim’s ownership at KRW 30,000; and (d) a line of money equivalent to KRW 60,000,000, the market price of which is KRW 40,000,000, from that time on September 30, 2013; and (c) from that time, from that time, the victim’s property was stolen with one charge amounting to KRW 10,00,000, volume of the market price, until September 30, 2013.

Accordingly, the defendant habitually stolen or attempted to steals the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each statement of H, E, I, J, and K;

1. Each protocol of seizure and each list of seizure;

1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing dampness 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;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 342 of the Criminal Act concerning the crime;

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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