(영문) 인천지방법원 부천지원 2015.6.5. 선고 2015재고단18 판결

On April 3, 2009, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Incheon District Court on May 8, 2012, and completed the execution of the sentence in the net prison on May 8, 2012. On April 11, 2013, the Seoul High Court sentenced six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Retaliatory Crime, etc.) in the Seoul High Court on April 19

【Criminal Facts】

1. On July 2012, 2012, the Defendant, along with C, conspired with C to steal property by intrusion upon another’s residence, and prepared criminal tools, such as brus, drackers, and kackers.

Around 14:00 on July 2, 2012, the Defendant and C metd the Victim E’s house 105 Dong 606, Seocheon-gu, Seocheon-gu, Seocheon-gu, D apartment house 105 Dong 606, and C metd the network from the stairs between five and six floors, and the Defendant divided the Victim’s house and confirmed the Victim’s initial body body and then damaged the string knish knish knife so far as it is difficult for the Defendant to stick up the front body knife in the front body knife of the Victim’s house. After that, the Defendant intruded into the Victim’s house at the victim’s house and knife knife knife knife knife knife knife knife k, 18K knife knif knif k, and 100,00.

In addition, during the period from around that time to July 10, 2012, the Defendant stolen money and valuables worth KRW 10 million in total by the same way on five occasions as shown in the annexed crime list. Accordingly, the Defendant habitually stolen the victim’s property jointly with C.

2. On July 15, 2012, the Defendant: (a) around 18:00, the victim G, operated in Seocheon-si, Seocheon-si F, the first floor of the Hemo-si, which was operated by the victim G, using the gap in the supervision of the I, an employee, was opened, and was discovered and attempted by I while the stolen goods were displayed. Accordingly, the Defendant attempted to steal the victim’s property habitually and attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I, J, K, L, M, and E;

1. N’s statement;

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

1. Investigative report by the prosecutor (the confirmation of the victim's business owner of the Hemotour);

1. All of the on-site photographs, photographs of seized articles, photographs of the scene of seizure, shapes of suspect CCTV taken, and data on intrusion photographs;

1. Records before and after judgments: Criminal history records, inquiry reports by the prosecution (A), investigation reports by the prosecution (verification of attachment of criminal records of the same kind of suspect, date of execution of punishment), and investigation reports (date of confirmation);

1. Habitualness of the judgment: A person who has a habitive wall in light of the fact that the crime was repeated several times in a short period, and that the person has been punished by larceny of the Criminal Code that intrudes by using tools, such as rush, etc., and that the person again commits the thief of the same method;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 332, 331(2), 329, and 342 of the Criminal Act

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Handling concurrent crimes;

The latter part of Article 37 and Article 39(1) of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

Although the defendant was sentenced to a punishment of three years for the same crime, he/she again commits the larceny since two months have not yet passed since he/she was released from the prison after having been sentenced to a punishment for the same crime, the damage has not been recovered even though the amount of damage was a large amount, and other favorable circumstances, such as the defendant's age, character and behavior, environment, etc.