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(영문) 대구지방법원 서부지원 2018.05.31 2018고합11
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal record] On November 21, 2007, the Defendant was sentenced to two years and six months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court on November 10, 2010, and was sentenced to three years and six months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court on November 10, 201, and on April 2, 2015, on April 2, 2015, the Defendant was sentenced to two years and six months of imprisonment with prison labor for habitual special larceny at the Seoul East District Court on July 21, 2017.

[2] On November 29, 2017, the Defendant: (a) from around 01:00 to around 02:00, the victim D operated by Sungnam-si, Sungnam-si, to “△△△△ Party Head”; (b) destroyed the entrance door to the entrance door of the △△ Party; (c) intruded the corrective device inside; (d) stolen cash with KRW 300,000,000 from November 29, 2017 to January 11, 2018, the Defendant temporarily stolen or attempted property of the sum of KRW 11,16,000, the victims owned by the victim during total 23 times.

Accordingly, the defendant was sentenced to punishment twice or more due to larceny, etc., and again stolen the victims' objects within three years after the execution of the punishment is completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, G, and H;

1. Each statement of D, I, J, K, L, M, N, P, Q, Q, R, T, U, V,W, X, Y, and Z;

1. Report on the results of field inspection, each protocol of seizure, and each legal data;

1. Each CCTV photograph and on-site photograph;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, investigation report (the confirmation of the same type of force and the period of repeated crime, and the same kind of force as the suspect);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime in the judgment, the methods and frequency of crimes, and the repeated crimes of the same kind within the short period after release;

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes

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