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(영문) 인천지방법원 부천지원 2014.07.25 2014고합107
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

【Criminal Power】 On July 23, 1985, the Defendant was sentenced to 10 years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on June 12, 1991, the Seoul Southern District Court sentenced the protective custody for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on December 21, 2001, the Daejeon District Court sentenced the protective custody for two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on September 16, 2009, one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on July 26, 201, the Daejeon District Court sentenced one year and six months to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and terminated the execution of the sentence in the Daejeon District Court on November 25, 2012.

【Criminal Facts of Crimes】 around 13:10 to 17:00 on April 29, 2014, the Defendant: (a) opened a boiler room and went into the entrance, and intruded into the inner part of the house through the main window of the bank; (b) went out with property equivalent to KRW 11,00,000 in total, of the Victim’s Barat Tobacco 4 A and 1,000.

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Confirmation of the results of field identification and fingerprints of theft incidents;

1. Before judgment: Criminal records, court rulings (Evidence Nos. 15), and status of personal identification and confinement (Evidence Nos. 17);

1. Habituality: Application of Acts and subordinate statutes recognizing dampness in light of the fact that the person committed the instant crime again within the period of repeated crime, although he/she had been punished at least 11 times;

1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 329 of the Criminal Act concerning the crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.

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