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(영문) 대전지방법원 2018.12.21 2018고합455
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

On November 29, 196, the defendant was sentenced to imprisonment with prison labor for the same crime at the Gwangju District Court on March 20, 2008, three years from imprisonment with prison labor for the same crime; on January 15, 199, one year and six months from imprisonment with prison labor for the same crime; on October 18, 200, the same court at the same court on October 18, 200, one year and six months from imprisonment with prison labor for the same crime; on March 20, 2004, one year and six months from the Daejeon District Court at Daejeon District Court at the same court on March 17, 2006; on March 20, 2008, three years from imprisonment with prison labor for the same crime at the Gwangju District Court at the same court on May 19, 201; and on August 19, 2016, the defendant was sentenced to imprisonment with prison labor for the same crime at the same court on August 16, 2016.

Between May 13, 2018 and around 17:00 to September 22, 2018, the Defendant: (a) invaded the victim’s D cafeteria operated in Nam-gu, Gwangju; (b) invaded the victim into the D cafeteria by making use of the gap in the victim’s cresh; and (c) 18K ring up to 300,000 won in cash, which is the victim’s possession, owned by the victim; and (d) stolen the 11-time cash in total at the market price from around that time until around September 2, 2018, the Defendant attempted to steal the victim’s property on six occasions, but did not have attempted to commit any attempted crime.

As such, the Defendant was sentenced two or more times to a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and was subsequently sentenced to a punishment, and again committed an attempted theft of another’s property over 17 times in total within three years after the execution of the sentence was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to E (1), F, and G;

1. E, H, I, J, K, L, M, N,O, C, P, Q, R, T, and U written statements;

1. Protocols of police seizure and list of seizure;

1. Each criminal's place and each of them.

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