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Reasons
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(영문) 대구지방법원 서부지원 2016.04.22 2016고단449
상습절도
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence 2 shall be confiscated.

Reasons

Punishment of the crime

On November 16, 1987, the Defendant was sentenced to imprisonment with prison labor for a maximum of ten months and eight months for attempted larceny at the Seoul Eastern District Court; on July 20, 1989, the Defendant was sentenced to one year for special larceny, etc.; on July 3, 1991, the Seoul Southern District Court was sentenced to two years for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court; on February 15, 1996, the Defendant was sentenced to three years for imprisonment with prison labor for a violation of the Act (Larceny) at the Daegu Southern District Court’s Support for Specific Crimes at the Daegu District Court on May 7, 2003; on April 27, 2004, the Defendant was sentenced to eight months for night intrusion larceny; and on July 13, 201, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Southern District Court on July 3, 2001.

On February 18, 2016, around 22:00, the Defendant opened and intruded a main window with no locking device at the victim D’s residence located in the Daegu-gu Office C1st, Daegu-gu, and then stolen cash KRW 300,000 from that time until March 8, 2016, including theft of KRW 17,264,00 in total, from that time until March 8, 2016, the Defendant stolens property equivalent to KRW 17,264,00 in total, as indicated in the list of crimes in the separate list of crimes, and attempted to commit the crime because the victims were either discovered or stolen.

Accordingly, the defendant habitually stolen the victims' property or did not commit the attempted crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police on the police;

1. Written statements of E, F, G, H, D, I, J, K, L, and M;

1. Police seizure records;

1. Previous convictions: A statement of response to criminal history, investigation report (verification of the history of the same type of punishment, and confirmation of repeated crimes);

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 fact that the same kind of crime has been committed in a planned and organized manner;

1. Article 332 of the Criminal Act of this Act concerning criminal facts.

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