특정범죄가중처벌등에관한법률위반(절도)
A defendant shall be punished by imprisonment for two years.
Punishment of the crime
[criminal record] The Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Suwon method Board on October 13, 2010; on January 24, 2014, the Defendant was sentenced to imprisonment with prison labor for the same crime in the same court on May 9, 2014, and the reexamination was commenced after the judgment became final and conclusive on May 9, 2014; on February 9, 2017, the Defendant was sentenced to three years and four months for the same crime in the same court; on April 10, 2017, the Defendant was sentenced to imprisonment with prison labor for the same crime; and on April 10, 2017, the Defendant was in the period of repeated crime as of the end of the execution of the sentence; and was a person who has a habit of larceny,
[2] On September 10, 2017, the Defendant entered the convenience store operated by the victim D of the victim D in Suwon-si, Suwon-si, Suwon-si on September 10, 2017, without permission, for the purpose of larceny, and confirmed the presence of employees, and opened a credit cooperative located in the calculation unit by taking advantage of the gaps, and KRW 10,000 won in total and KRW 70,000 in cash.
L. A. L. theft was committed.
As a result, the Defendant was sentenced twice or more to the crime of habitually violating the Act on the Aggravated Punishment, etc. of Specific Crimes, and the execution of the sentence has been completed, and habitually committed larceny to the night structure within three years after the execution has been completed.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Written statements of D;
1. On-site photographs and CCTV images;
1. A criminal investigation report (CCTV image confirmation report), a criminal investigation report (referring to a report on the reception of statements by telephone workers at convenience stores), and a criminal investigation report (related to the rate of theft against a structure intrusion at night);
1. Previous convictions in judgment: A written reply to inquiry, such as criminal history, report on investigation (report attached to the current status of personal expropriation), and report on investigation (report on the same criminal record and confirmation of criminal suspect who has been sentenced to recent punishment);
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 repeated crimes of the same kind in the judgment;
1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning the crime;
1. Article 35 of the Criminal Act for aggravated repeated crimes.