특정범죄가중처벌등에관한법률위반(절도)
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Criminal facts
The Defendant, while living together with the soup bank, PC bank, etc., attempted to steal goods by entering a vehicle parked on the way that the cost of living falls off, and entered a new wall on August 2014, the Defendant stolen property worth KRW 3.5 million in total at 14 times in total, including one cell phone with the market value of KRW 1 million, one gift coupon 20,000,000, and one gift coupon 20,000,000,000 in the market value of the victim, which was located in the new wall, from around that time to September 20, 2014.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement of E, D, F, G, H, I, J, K, L, M, N,O, P, Q, and R;
1. The investigation report (as to the failure of the victim’s SU)
1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the methods and frequency of each crime and the fact that the same crime has been committed in a planned number of times;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 333(1) of the Return Criminal Procedure Act [Determination of Punishment] : Basic area of larceny of habitual and repeated crimes [Determination of the recommended area] : Imprisonment for 2 years to 4 years [general prison life]: Damage minor, serious reflective factors : general positive factors that have no record of criminal punishment: Damage minor, serious reflective factors : Decision of sentence / Standard for the suspension of execution, motive and circumstance of the crime, partial recovery of damage (Seizure and provisional return), Defendant’s criminal records, Defendant’s attitude, age, character and conduct after the crime, environment, etc. are considered.