특정범죄가중처벌등에관한법률위반(절도)
A defendant shall be punished by imprisonment for two years.
Seized evidence 1 or 2 shall be confiscated from the accused.
Punishment of the crime
On April 23, 1998, the Defendant was sentenced to one year and six months of imprisonment with prison labor for larceny, etc. in the Busan District Court Branch Branch of the Incheon District Court. On December 12, 2003, a fine of three million won for larceny, etc. from the Incheon District Court Branch of the Incheon District Court. On October 29, 2005, the Defendant was sentenced to four years of imprisonment with prison labor for special larceny, etc. at the Seoul High Court.
On April 25, 2014, at around 00:20 on April 25, 2014, the Defendant: (a) intruded into the office by the victim D (E) located in Seocheon-gu, Seocheon-gu, Seocheon-si; and (b) committed a theft of money equivalent to KRW 8.720,000 from September 20, 2013 to June 4, 2014; (c) committed a theft of money and valuables in total amount of KRW 24,720,00,000 from the victim 24; and (d) did not intend to receive money and valuables from five victims; and (e) did not commit a theft and attempted to commit a theft.
Accordingly, the defendant habitually stolen the victims' property.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Each statement of G, D, H, I, K, K, L, M, M, N, P, Q, R, T, U, V, M, X,Y, Z, AB, AC, AD, AD, AE, and AF
1. Each protocol of seizure and list of seizure of the police;
1. Each CCTV image data;
1. Previous convictions in judgment: Inquiry into criminal history data and investigation reports (Attachment of a sentence of 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 fact that the same kind of crime has been committed in a planned and organized manner;
1. Articles 332, 329, 330, 331 (1), and 342 of the Criminal Act (in all cases, special larceny) concerning criminal facts;
1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act (hereinafter “Confiscation”) include: (a) the favorable circumstances in favor of the defendant (a) the amount of damage caused by the instant crime is not significant; (b) the unfavorable circumstances (including the previous convictions in the judgment; (c) the amount of damage caused by the instant crime; and (d) the Defendant committed the instant crime repeatedly, despite the previous convictions in the judgment; and (d) the number of crimes also