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(영문) 수원지방법원 평택지원 2016.02.04 2015고단2015
상습특수절도
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A defendant shall be punished by imprisonment for not less than one year and six months.

Seized Nos. 6, 9, 10 (one cuter, one beer knife, and knife).

Reasons

Punishment of the crime

On November 6, 2015, at E-cafeteria operated by the victim D (Woo, 53 years of age) in Pyeongtaek-si C, the Defendant cut off in advance the entrances, cut off, and intruded inside the entrances, and carried out cash 20,000 won, US$ 100, and agricultural bank card 1.

In addition, from October 2015 to December 21, 2015, the Defendant stolen the property equivalent to KRW 2,117,260 in total over 10 times, as stated in the list of crimes in the attached Table, from October 2015 to December 21, 2015.

Accordingly, the defendant habitually intrudes upon the residence at night, or intrudes upon the residence at night, and steals the property after destroying the door and the like.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Each written statement of F, G, D (E cafeteria), H, I, J (K Dus), L, M, N, andO;

1. All on-site photographs;

1. Seizure records;

1. Existing assets referred to in subparagraphs 6, 9, and 10 of this paragraph;

1. Habituality of judgment: Application of 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 crime has been committed in a planned and organized manner;

1. Articles 332 and 331 (1) of the Criminal Act relating to the facts constituting an offense;

1. Determination on the application of the sentencing guidelines of Article 48(1) of the Confiscation Criminal Act with respect to the reasons for sentencing: The scope of the recommended sentencing guidelines of the lower limit: consideration of all circumstances, such as repeated crimes of the same kind, even though the lower limit is given in the basic area (one-year or two-year suspension period), the basic area of the theft of intrusion (one-year or two-year suspension period).

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