특정범죄가중처벌등에관한법률위반(절도)
A defendant shall be punished by imprisonment for two years.
The seized evidence Nos. 1 and 2 shall be returned to the victim C.
Punishment of the crime
【Criminal Power】 On February 4, 2004, the Defendant was sentenced to five months in Seoul Western District Court for larceny; on November 9, 2005, the same court was sentenced to eight months in prison for larceny; on April 11, 2007, the same court was sentenced to four months in prison for larceny; on December 7, 2007, the same court was sentenced to one year and six months in prison for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on July 1, 2009, the same court was sentenced to one year and six months in prison; on October 25, 201, the Defendant was sentenced to one year and six years in prison for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; and on November 20, 2015, the Defendant was sentenced to one year in prison for habitual larceny; and on July 1, 2015, a person who was sentenced to imprisonment with prison labor for a prison under North Korea on July 3, 2016.
(1) On August 6, 2016, the Defendant: (a) around 15:30 on August 6, 2016, at the “E” clothes store operated by the victim C, the victim C in the 55-ro Gambed D, Yongsan-gu Seoul, Yongsan-gu, Yongsan-gu, Seoul, for a total of KRW 19,800, and KRW 15,800, which was displayed at that location.
Accordingly, the defendant, who was sentenced to imprisonment not less than three times with prison labor due to larceny, has stolen the victim's property again within three years after the execution of punishment for habitual larceny is completed.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Records of seizure and the list of seizure;
1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (verification of the end date of the execution of the suspect's punishment), and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind
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. Article 35 of the Criminal Act among repeated crimes;
1. The defendant with reason for sentencing under Article 333(1) of the returned Criminal Procedure Act has a history of criminal punishment, including several times of punishment for larceny.