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(영문) 광주지방법원 순천지원 2018.02.01 2017고합267
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[2] On October 31, 208, the Defendant was sentenced to imprisonment for one year and six months with labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Gwangju District Court Branch on October 31, 2008, and on November 10, 2010, the same court was sentenced to one year and eight months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, but the Defendant’s request for retrial was accepted, and on July 24, 2015, the court was sentenced to one year and eight months for habitual larceny and was sentenced to one year and eight months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the same court on December 6, 2012; on October 2, 2014, the Defendant was sentenced to three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Defendant’s request for retrial was accepted by the court on July 26, 2017.

[2] On October 4, 2017, at around 04:53, the Defendant opened a door that was parked in the front parking lot of the victim E, who was parked in C, and entered a mobile phone with one cell phone of the amount equivalent to KRW 150,000, market price of KRW 45,000, and received, etc.

As a result, the Defendant was sentenced twice or more due to the crimes of Article 329 of the Criminal Act, and was habitually stolen within three years after the execution of the sentence was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. A victim statement of E;

1. On-site photographs and photographs of the place where the relevant goods are discovered, on-site photographs, and photographs of neighboring CCTVs and G CCTV photographs;

1. Previous convictions in judgment: A, text of judgment, and current expropriation of each person by inquiry, such as criminal history (A);

1. Habituality: The criminal records of the judgment and the criminal defendant had been punished several times for the same kind of crime, and the criminal defendant committed the crime of this case in the same kind of method within a short period of time within which two months have not yet passed after the release of the defendant, etc., shall be recognized as a habit of larceny.

Application of Statutes

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