상습특수절도
A defendant shall be punished by imprisonment for two years.
Seized evidence No. 1 shall be confiscated.
Punishment of the crime
On April 12, 2013, the Defendant sentenced the Seoul Central District Court to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence on January 7, 2015.
On March 30, 2015, at around 00:20, the Defendant used the gaps of 17:17:00,000 won in the 3th floor of the Seocho-gu Seoul Western Building on the 17-ro 17:20,000, the Defendant used the gaps in the luxic office of the Seocho-gu, Seocho-gu, Seoul, in order to remove the entrance and correction devices of the said office from divers to divers, and then intruded the said office’s entrance and correction devices. At least, the Defendant inflicted a theft of KRW 100,000,000 on the face of the above divers, from that time to April 18, 2015.
Accordingly, the defendant habitually stolen or attempted the victims' articles more than 10 times.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. C, D, E, F, G, H, I, J, K, L, and M respective statements;
1. Each CCTV photograph, each satisfaction appraisal report, each field identification report, the current status of the same persons as the results of comparison with the DNA, and a written appraisal (National Science Investigation Institute);
1. Investigation report (as a result of theCCTV analysis, investigation by a prison officer in charge of a suspect, additional criminal acts by a suspect, confirmation of damaged goods, consolidation of cases, on-site confirmation, etc., response to the results of genetic identification), report on internal investigation (on-site inspection and CCTV confirmation);
1. Application of Acts and subordinate statutes on seizure records;
1. Articles 332, 331 (1), and 342 of the Criminal Act applicable to the facts constituting an offense;
1. Article 35 of the Criminal Act among repeated crimes;
1. A extenuating circumstances for sentencing under Article 48(1)1 of the Criminal Act that are disadvantageous to the reason for sentencing: It constitutes a same repeated crime; it constitutes a crime of the same kind; it has the record of having been sentenced several times of punishment for the same crime; in light of the frequency and methods of the crime; it is bad to the nature of the crime; and it has not been more than three months since the execution of the sentence was completed; and damage therefrom.