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Reasons
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(영문) 서울중앙지방법원 2013.08.29 2013고합768
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On October 4, 2002, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. in the Seoul District Court's North Korea Branch, and was sentenced to one year and six months of imprisonment with prison labor for the same crime at the Seoul Central District Court on February 11, 2005, and three years of imprisonment with prison labor for the same crime at the Busan High Court on February 8, 2007, and on June 10, 2010, the Defendant was sentenced to three years of imprisonment with prison labor for the same crime at the Seoul High Court on May 14, 2013.

1. On July 18, 2013, around 15:00 on July 18, 2013, the Defendant entered the interior package of the victim D’s wife in Yongsan-gu Seoul Metropolitan City, with an open entrance using any cresh in the toilet by the victim’s wife attached to the toilet, and used one gallon-2 smartphone (1070,000 won) at the victim’s market price on the table.

2. On July 18, 2013, at around 16:20, the Defendant: (a) 3 Jongno-gu Seoul Jongno-gu, Jongno-gu 3, 61-68-ro 1 subway 3: (b) accessed the victim E, who was divingd by drinking at a subway 1-ro 3; (c) putting the victim into the back part of the right part of the victim’s knife and knife his knife and knife his knife knife knife knife knife knife knife knife knife knife knife knife knife.

Accordingly, the defendant habitually stolen another's property two times.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, E, and D;

1. Records of seizure and the list of seizure;

1. Previous convictions indicated in judgment: Criminal records, personal identification and confinement status (A), investigation reports (a copy of a summary order, and reporting thereon);

1. Habitualness of judgment: Application of the statutes to the extent that the defendant committed a thief offense, even though 10 times or more as a result of the thief offense was committed, and committed a second offense on the same day and repeated crimes on the same day, etc.;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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