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(영문) 대전지방법원 서산지원 2012.09.21 2012고단656
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, using the fact that most of the entrance doors are opened to be used to steal cash, precious metals, etc. into the farm.

The Defendant, from around 07:00 on June 18, 2012 to around 12:00 on the same day, at the victim F’s house located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant: (a) confirmed that the victim did not correct the entrance and opened the house; and (b) entered the house through the entrance door, thereby thefting KRW 783,00 in total, including KRW 7,000,00,000, in total, from May 2, 2011 to July 7, 2012, the Defendant cut off cash, KRW 6,493,00 in total, KRW 16,00,00 from around July 5, 2011 to around 7, 2012.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

1. Defendant's legal statement;

1. Summary statement of the F;

1. Statement on the criminal place and summary statement;

1. On-site photographs and CCTV photographs;

1. A copy of a check;

1. On-site inspection photographs;

1. There are 39 (No. 1), one Jinjums seized (No. 2), one Jinjums (No. 3), one half of Jinjus (No. 500), 10, 11, 50, 10, 10, 10, 10, 39 (No. 4); and

1. Habituality: Application of Acts and subordinate statutes recognizing dampness in light of the fact that a person commits a theft under the same number of Acts and subordinate statutes for a considerable period;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (including the fact that the damage has been partially recovered or agreed with the victim, the defendant has a lack of due diligence and behavior disorder and has a difficulty in doing so, and thereby, forms the background of committing a crime;

1. Article 62(1) of the Criminal Code of the Republic of Korea is the first one that reflects the defendant's fault in depth, and is punished for larceny.

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