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(영문) 의정부지방법원 2013.04.19 2012고합650 (1)
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

On April 22, 2003, the Defendant was sentenced to imprisonment with prison labor for one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jung-gu District Court on December 15, 2004, and three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at Seoul High Court on December 27, 2006. On August 14, 2009, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jung-gu District Court on June 10, 2012.

At around 13:55 on September 20, 2012, the Defendant: (a) entered the restaurant through the opening entrance of the E restaurant operated by the victim in Spocheon-si, Spocheon-si; (b) 148,00 won in cash owned by the victim F, 7 U.S. dollars, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 2, 1, 1, 2, 1, 1, 1, 2, and 1, 1, 3, 1, 1, 1, 3, 3, and 1, 1, 1, 3, 3, and 1, 3,

In addition, from August 2012 to January 15, 2013, the Defendant’s correction is made as follows: “8,728,000 won in the indictment of KRW 8,99,00 in total of the market price of KRW 8,98,00 in 12 times habitually, such as the list of crimes in the attached Table, is apparent that it is a clerical error.”

In spite of the theft or theft of property from the face to the face, there was no money or valuables, and thus, it did not commit an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each police officer's statement about D and G;

1. Each statement of H, I, J, K, L, M, N, andO;

1. Each investigation report (including reports on occurrence), photographs, and video recording data on CCTV;

1. Previous records: A inquiry report on criminal records, etc. and a criminal investigation report (the date and time of release of the accused and attachment of the judgment);

1. Habituality of the judgment:

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