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서울서부지방법원 2016.08.10 2016고단1540

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for one year.

One class of seized LED hand, etc. (Seoul Western District Public Prosecutor's Office No. 891-19).

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On May 10, 207, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended sentence for the attempted larceny of night residence chips at Seoul Western District Court, and 4 months of imprisonment with prison labor and 2 years of suspended sentence for attempted larceny at the same court on May 26, 2009, and on July 20, the same court was sentenced to 1 year and 6 months of imprisonment with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Western District Court on October 28, 201 and passed on January 24, 2012.

[Criminal Facts]

1. Around May 2014, the Defendant habitually stolen a victim C’s DNA teteme vehicle at the front parking lot of the Mapo-gu Seoul Metropolitan Government World Cup 235 (Masan-dong) Seosan apartment 27, and entered the said parking lot and habitually stolen the victim’s share of KRW 1.2 million at the market price owned by the victim, which was kept in the said place.

2. From May 20, 2016 to May 20, 2016, the Defendant: (a) discovered a vehicle parked in the parking lot for the Mapo-gu Seoul Metropolitan Government World Cup 235 (Scam-dong) from North Korea; (b) attempted to steal the victim E’s new-learning vehicle and open the door; but (c) attempted to steal the object because there was no object to be stolen; and (d) attempted to steal the vehicle at the same place from around 01:00 on May 20, 2016 to around 02:00 on the same day, the Defendant opened a vehicle door at the same place more than 45 times in total, as shown in the list of crimes, and attempted to steal the goods kept therein, but all the vehicle door corrected and attempted to commit such attempted.

Accordingly, the defendant habitually attempted to steal the victims' money and valuables 45 times.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and C;

1. Each statement of H, I, J, E, K, L, M, N,O, P, Q, R, and S Preparation;

1. A protocol of seizure and a list of seizure;

1. A previous conviction: A written inquiry about criminal history (C);