특정범죄가중처벌등에관한법률위반(절도)등
A defendant shall be punished by imprisonment for not less than one year and six months.
One (Evidence No. 1) and five keys (Evidence No. 5) shall be confiscated, respectively.
Punishment of the crime
On December 28, 2010, the Defendant was sentenced to imprisonment for 2 years and 6 months in Seoul Western District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and completed the execution of the said sentence on January 22, 2013.
On October 11, 2013, at around 13:40 on October 13, 2013, the Defendant opened the first floor stairs gate and opened the second floor through stairs that have been corrected by the Defendant’s think of theft of property, and infringed upon the victim’s residence.
Summary of Evidence
1. Defendant's legal statement;
1. Legal statement of witness D;
1. Each investigation report (to hear victim's D phone statements, reporting on additional hearing of victim's statements, and hearing police officers' phone statements through suspect examination);
1. On-site photographing photographs;
1. One (No. 1) and five keys (No. 5);
1. Previous records of judgment: Application of criminal records and investigation reports (report on confirmation of repeated crime of a suspect, and attachment of the same previous record and seal to the suspect);
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 319 (1) of the Criminal Act selecting a penalty;
2. Article 35 of the Criminal Act among repeated crimes;
3. The Defendant, on the grounds of sentencing under Article 48(1)1 of the Criminal Act, committed the instant crime during the period of repeated crime, even though he/she had had the past record of criminal punishment several times due to the crime of larceny or the crime of attempted fraud or intrusion upon residence.
In particular, the Defendant, on July 2010, invaded upon a residence for the purpose of larceny, but the commission of the crime was discovered, and even after the completion of a prison life on the grounds that he was sentenced to an excessive punishment to escape arrest, committed the same kind of crime repeatedly by intrusion upon the victim’s residence as indicated in its reasoning in order to steal property at the same time, and even if the Defendant, in the course of the investigation, went into the victim’s residence with the knowledge that he was living in the house and that he was living in the house, even against the victim.