특정범죄가중처벌등에관한법률위반(절도)
A defendant shall be punished by imprisonment for not less than one year and six months.
Punishment of the crime
[criminal power] On November 26, 2008, the Defendant sentenced ten months to larceny at the Seoul Central District Court, and one year and six months to be sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Theft at the Sungwon District Court on June 26, 2009, and eight months to be sentenced to imprisonment for a special larceny at the Suwon District Court on May 2, 2012, and four months to be sentenced to imprisonment for a special larceny at the Suwon District Court on October 10, 2012, and completed the execution of the final sentence on March 9, 2013.
【Criminal Facts】
1. On October 9, 2013, around 17:00 on October 9, 2013, the Defendant: (a) committed a theft, citing a set of 32,000 won in the victim D’s market price, where the F’s surveillance, which is the cause of the store occupancy, was neglected at the “E” clothes store operated by the victim D, the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government (hereinafter “E”).
2. On October 9, 2013, around 17:15, 2013, the Defendant: (a) committed a theft, citing one set of punishment equivalent to KRW 29,000 at the market price, which was suffering from a cresh in which the surveillance of the cause of the store was neglected at the H’s clothes store operated by the victim G.
Accordingly, the defendant habitually stolen the victims' property.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to I and F;
1. Each investigation report (No. 4, 11 of the evidence list);
1. Photographs;
1. Previous records of judgment: Criminal records, investigation reports (prior to and confirmation of repeated crimes), and judgment;
1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the fact that each crime history, method of commission of crime, and the same kind of crime in the judgment are repeated;
1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 329 of the Criminal Act concerning the crime;
1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;
1. The scope of the recommended sentence for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: The Defendant for 2 to 4 years (basic area) went to the same criminal act during the period of repeated crime; the number of crimes in this case; the Defendant’s criminal records; and the Defendant’s criminal records; and the amount of damage in this case.