특정범죄가중처벌등에관한법률위반(절도)등
Defendant shall be punished by imprisonment with prison labor of three years and six months and by a fine of thirty million won.
The defendant does not pay the above fine.
Although the Supreme Court has decided to commence a new trial on the whole of the judgment subject to a new trial in this case, the original retrial court cannot re-examine the verdict of innocence, which is recognized only for the benefit of the defendant with respect to the final judgment of conviction.
Therefore, the facts charged on each larceny against the victim Y and AA, which was found not guilty in the judgment subject to a retrial, shall not be determined separately below, except for the judgment of this Court.
B. Around October 1, 2003, a defendant was sentenced to a fine of 30 million won in imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Central District Court on July 14, 2004; on August 11, 2006, a crime of violation of the Road Traffic Act (non-licenseless Driving) was committed only to the extent necessary for sentencing (see, e.g., Supreme Court Decision 96Do477, Jun. 14, 1996). The defendant was punished by imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Central District Court on the Aggravated Punishment, etc. of Specific Crimes; on August 14, 2004; on August 11, 2006, with prison labor for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Central District Court on March 14, 2000 years and penal punishment.
[Criminal facts]
1. The Defendant habitually stolen, as follows, attempted to steals or steals the victims’ Articles on a ten-time basis.
A. The Defendant is the victim D in Gangseo-gu Seoul Metropolitan Government at around 02:00 on June 10, 2014.