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(영문) 전주지방법원 남원지원 2013.04.30 2013고단63
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for two years.

Seized evidence 2, 5, and 6 shall be confiscated.

Reasons

Punishment of the crime

On July 6, 1978, the Defendant was sentenced to a suspended sentence of 8 months for habitual larceny, and was sentenced to a suspended sentence of 8 months for 19 July 19, 1982 by the Seoul Southern District Court, and sentenced to a imprisonment of 1 year for larceny at the Seoul East District Court on September 9, 1982, and sentenced to a imprisonment of 1 year for special larceny at the Seoul East District Court on November 22, 2006, sentenced to a imprisonment of 1 year for special larceny at the Seoul East District Court on November 22, 2006, sentenced to a sentence of 8 months for 5 months for special larceny at a site of the Suwon District Court on February 4, 2010, and completed the execution of the sentence on September 6, 2012.

From 17:50 on February 23, 2013 to 21:15 on the same day, the Defendant: (a) opened and intruded a beer window, which was not properly corrected, in the E apartment unit, which is the residence of the victim D in Nam-si; and (b) cut off two copies of the gift certificates of KRW 62,00, KRW 100,000, and KRW 2 of the gift certificates of KRW 87,000 within the dwelling space, and one half of the gold bars of KRW 728,00,00 in the market price of the inside the inside of the dwelling space, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Written statements prepared in D;

1. Statement of seizure of each police;

1. Previous records: Application of criminal records and other inquiry reports, investigation reports (Attachment to repeated crimes, judgments on the same kind of power, etc.);

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

1. Article 35 of the Criminal Act: Aggravation of repeated crimes (within the limit of proviso of Article 42 of the Criminal Act);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act.

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