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(영문) 대구지방법원 서부지원 2017.11.23 2017재고합3
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On June 29, 2004, the Defendant was sentenced to one year and six months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court, and was sentenced to two years for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court on May 24, 2006, and was sentenced to two years and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seo branch of the Daegu District Court on August 28, 2008, and was sentenced to three years for a crime of violation of the Act (thie) at the Seo branch of the Daegu District Court on April 19, 201 and completed the execution of the sentence at the Jinju District Court on April 3, 2014, and was also sentenced to seven times the same criminal records.

On April 3, 2014, the Defendant habitually discovered the victim’s E-car stopped at the close of the victim D’s residence located in Jinju-si, and opened a door of the unrected vehicle and taken up one cell phone charging machine for the vehicle with the victim’s market price equivalent to KRW 300,000, the market price of which is equivalent to KRW 10,000, and one mother and child at the market price of KRW 13,00,000, and one vehicle key at the vehicle.

In addition to those habitually stolen, from around that time to May 5, 2014, 3,402,00 won of the market price was habitually stolen over 12 times, such as the list of crimes in the annexed sheet.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to F, G, H, I, and D;

1. Written statements of J, K, L and M;

1. Each protocol of seizure and the list of seizure;

1. Each report on investigation;

1. Previous convictions: A response to inquiries about criminal history and a copy of each judgment;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Relevant Article 332 of the Criminal Act and Articles 332 and 329 of the Criminal Act and the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act on the Aggravated Punishment, etc. of Specific Crimes, the enforcement of which was terminated on April 3, 2014.

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