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(영문) 수원지방법원 안양지원 2020.01.10 2019고단2248
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On July 5, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, and three years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul High Court on November 14, 2013, and on September 23, 2016, the Defendant was sentenced to three years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the Ansan Branch of the Suwon District Court on July 24, 2019.

1. On October 28, 2019, at around 02:26, the Defendant opened a back door to the “D” restaurant operated by the victim C in Mapo-si B, Si, Gunpo-si, and did not receive any money and valuables to be stolen, but did not receive any money and valuables to be stolen.

2. On October 28, 2019, around 03:08, the Defendant: (a) intruded into a restaurant through the toilet window operated by the Victim F in Gunposi E, and then stolen the total cash amounting to KRW 201,000,000, which was not corrected.

Accordingly, the defendant was sentenced to imprisonment not less than three times with prison labor due to larceny, etc., and committed a theft or attempted to steals another's property during the repeated crime period.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F and C;

1. CCTV closure photographs of a cafeteria, the criminal suspect’s surface of which is recorded;

1. Records of seizure and the list of seizure;

1. A CD copy of CCTV images at the scene of crime;

1. Verification of identity of the criminal scene, the results of appraisal, and the fingerprints of theft incidents;

1. Previous convictions indicated in judgment: Criminal records, results of search of prisoners, and application of each investigation report (verification of criminal records of a suspect repeated crime and confirmation of the same kind of records);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Articles 330 and 35 (1) of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342, 330, and 35 (1) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

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