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(영문) 광주지방법원 해남지원 2015.04.09 2014고합48
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

On June 29, 2011, the Defendant was sentenced to one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Busan District Court on November 17, 201, and completed the execution of the sentence in Daegu Prison on November 17, 2012, and on January 9, 2013, the Defendant was sentenced to one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Gwangju District Court on May 26, 2014.

1. On October 18, 2014, from around 08:00 to around 10:00 on October 19, 2014, the Defendant: (a) opened a door that was habitually parked in the vicinity of Jindo-gun C, Jindo-gun, and opened a door that was not corrected for the Ei 40 cars, which were owned by the victim D, and used approximately KRW 80,000 in cash within that door.

2. At around November 24, 2014, the Defendant: (a) opened a door that was habitually parked in the parking lot No. 103, FF Loans of Jindo-gun, Jindo-gun, 103, and used approximately KRW 183,000 in cash within the said door, and stolen it.

3. On November 24, 2014, from around 00:00 to around 06:00 on November 25, 2014, the Defendant: (a) opened a door that was habitually parked in the vicinity of Jindo-gun I; (b) opened a door that was not corrected for the Korean observer car, which was owned by the victim J; and (c) laid down the door in cash amounting to KRW 40,000, and stolen it.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of G, D and J;

1. Each report on occurrence;

1. Each investigation report (an investigation for a specific suspect, specific suspect, investigation into command of an investigation, field centering, etc., investigation date, specific date of offense, and investigation report on specific damaged articles);

1. Each photograph;

1. Previous records of judgment: Criminal records, inquiry reports and investigation reports (report on the previous records and results of confirmation);

1. Habituality of the judgment: The punishment for the crime of this case may be recognized in light of the fact that the person committed the crime of this case during the period of repeated crime as well as the fact that the person committed the crime of this case, since long after he/she was sentenced to punishment for each of the crimes, the method and frequency of the crimes, and the same type of crimes. The application of the law

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