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Reasons
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(영문) 인천지방법원 2016.04.28 2016고단468
상습절도
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A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

【The Defendant was sentenced to imprisonment with prison labor for the same crime in the Incheon District Court on November 20, 2002, for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Incheon District Court on December 9, 2004; one year and six months; one year and six months; one year and six months in January 31, 2008; and three years in September 11, 2009; the Defendant was sentenced to imprisonment with prison labor for the same crime from the vice branch branch of the Incheon District Court on September 11, 2009; on February 6, 2013, the judgment was finalized on February 14, 2013; and on November 13, 2015, the enforcement of the sentence was terminated.

【Criminal facts”, around November 24, 2015, at around 15:21, 2015, the Defendant: (a) committed a theft with one million won in cash, which is the victim’s possession at the location where the victim was in the entrance of the victim at the entrance of the victim; (b) one copy of the 100,000 won check; (c) one one of the driver’s license; and (d) one of the resident registration certificates; and (d) one of the 300,000 won pages containing eight of the credit cards.

The Defendant habitually stolen or attempted property worth KRW 2,742,650, in total, 11 times during the period from the above date to January 7, 2016, as indicated in the List of Crimes.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each statement of K, D, L, M, N,O, and P;

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

1. A report on investigation (investigation into fingerprinted statements);

1. Each CCTV image photograph and each CCTV photograph;

1. A written appraisal;

1. Previous convictions indicated in the judgment: A reply to inquiry, such as criminal history, investigation report (the date of release and attachment of the judgment attached thereto), and investigation report (related to habituality);

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 repeated crimes of the same kind in the judgment;

1. Relevant Article of the Criminal Act and Articles 333, 329, and 342 of the Criminal Act (generally, selection of imprisonment with prison labor);

1. The Criminal Act for aggravated repeated crimes.

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