특정범죄가중처벌등에관한법률위반(절도)
A defendant shall be punished by imprisonment for a term of one year and two months.
Nos. 7, 8, 12, and 14 of seized evidence shall be proved by the name of the injured party.
Punishment of the crime
On December 27, 2012, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny at the Seoul Northern District Court, and on March 20, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for larceny at the Suwon District Court on March 20, 2014, and on May 27, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny, etc. at the Daejeon District Court on December 15, 2015.
1. On December 2015, the Defendant: (a) opened a passenger car door that the victim parked in his/her name at an influence place near Yongsan-gu Seoul Special Metropolitan City, Yongsan-gu, Seoul; and (b) cut off the car with a handlight, etc. on the market price, which is the victim’s possession.
2. On February 3, 2016, the Defendant: (a) opened a passenger car door parked by the victim in the name of the victim in the irregular area of Mapo-gu Seoul, Mapo-gu; and (b) stolen the vehicle with two mobile phone auxiliary sets and two mobile phone charging cables in the market price, which is the victim’s ownership inside the door.
3. On February 5, 2016, around 17:15, the Defendant: (a) opened a BMW car parking lot in Mapo-gu Seoul Metropolitan Government DD building parking lot; and (b) stolen it with KRW 300,00,000, the victim owned.
Thus, even though the defendant was sentenced to imprisonment more than three times due to larceny, he stolen the property owned by others during the period of repeated crime.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Protocols of seizure, evidence of seizure and photographs of seized articles;
1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (determination of the same criminal suspect's judgment and period of repeated crime);
1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime committed;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Circumstances unfavorable to the reasons for sentencing of Article 333(1) of the Return Criminal Procedure Act: The punishment can be executed for the same kind of crime; however, the execution of the sentence is again a final defect.