특정범죄가중처벌등에관한법률위반(절도)
A defendant shall be punished by imprisonment for two years.
Seized evidence No. 4 shall be forfeited from the defendant.
Punishment of the crime
[Criminal Power] On September 13, 2013, the Defendant was sentenced to three years from the Ulsan District Court to imprisonment for a crime of larceny at night, etc., and on August 9, 2016, the same court was sentenced to one year and six months from imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and on March 15, 2018, the Defendant was sentenced to one year and six months from imprisonment for the same crime in the same court, and completed the execution of the sentence in the Busan Correctional Institution on July 21, 2019.
【Criminal Facts】
1. On March 8, 2020, the Defendant: (a) around 04:37, at the “D” restaurant operated by the injured party C in Ulsan-gu, Ulsan-gu; (b) attempted to dump the door lockeds of the entrance door door gate, damaged it; and (c) invaded into the restaurant, thereby thefting cash and alcohol into the restaurant; and (d) attempted to commit an attempted crime without opening the entrance.
2. On March 8, 2020, the Defendant attempted to larceny at night buildings: (a) around 04:42, the main points of “G” operated by the victim F, who is the victim F, in Ulsan-gu E, Ulsan-gu; (b) had the main entrance door several times; (c) had sealed the locking device; (d) had intruded the interior; and (e) had stolen cash and alcohol, etc.; and (e) had attempted to do so without opening the entrance.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. C and F statements;
1. On-site photographs, CCTV images to be taken, photographs, damaged site photographs, and photographs on the site of the case;
1. Seizure records;
1. Previous records: Criminal records, inquiry reports, judgments, and application of Acts and subordinate statutes to the personal confinement status;
1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 331 (1) of the Criminal Act concerning the crime, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 330 of the Criminal Act concerning the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Reasons for sentencing under Article 48(1)1 of the Criminal Act.