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Reasons
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(영문) 광주지방법원 2014.06.03 2014고단1462
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

On October 2013, the Defendant: (a) was at the remodeling construction site located in the Massung-gun, Massung-gun; (b) was stolen with 620,000, total market value of 620,000, including 5,000, and 265,000,000, total market value of 5,000, including 6,000,000, and 2,000,000,000.

In addition, from October 28, 2013 to October 06:17, 2013, the Defendant committed a theft or attempted to steals with 28 points of tools equivalent to KRW 3,880,000, total market price of the victims owned by the victims, as described in the attached list of crimes, at least 11 times.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

1. Partial statement of the defendant;

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

1. CCTV photographs and the data to capture each CCTV;

1. Records of seizure, lists of seizure and photographs of seized articles;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method of crime, frequency of crime, and the fact that the same kind of crime has been committed in a planned number of times;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329, 342, and 329 of the Criminal Act concerning the crime and Articles 329 (Generality, Selection of Imprisonment) of the same Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The defendant and his/her defense counsel's assertion regarding the defendant and his/her defense counsel under Article 48 (1) 1 of the Criminal Act asserts that there is no habit of larceny in light of the fact that the defendant has no criminal punishment for the same kind of crime.

Habitualness in larceny refers to the habit of repeated larceny, and the existence of criminal records in the same kind of crime and the frequency, period, motive and method of the crime in the case.

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