특정범죄가중처벌등에관한법률위반(절도)
A defendant shall be punished by imprisonment for one and half years.
The right of 40,000 won seized (No. 4 of the General List of Seized Articles), O,00 won.
Punishment of the crime
[criminal power] On June 16, 1982, the defendant was sentenced to imprisonment with prison labor for night, intrusion upon residence, larceny, etc. at the Suwon District Court on May 9, 1996 to imprisonment with prison labor for larceny, six months, and two years of suspension of execution, and one year of imprisonment with prison labor for larceny, etc. at the Suwon District Court on May 10, 200, and one year of July 21, 2003 at the Suwon District Court on July 25, 2003, and one year and six months of imprisonment with prison labor for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the branch court of Suwon District Court on September 25, 2006, and on February 16, 2008 at the Gwangju District Court on February 16, 2008.
【Criminal Facts】
On January 27, 201, the Defendant, together with Co-Defendant C, was waiting in the Damar Data Dat on the 17:47th day of 201, and C was waiting in the vicinity of the Damar team, and the Defendant, as if having purchased goods, was waiting in the Dmata to purchase goods, and the Defendant, as if having entered the Dmat, was preparing 7 mountain powder powder equivalent to 51,000 won in the market price owned by the victim E, which was displayed at the display site, and 2 shoulder 29,000 won in the market price of the 29,000 won in a plastic bag, was placed in a plastic bag, and was waiting in the vicinity and was being loaded in the 45 times in a way that they were stolen by means of being loaded into the 45 times in total.
Accordingly, the defendant stolen the victim's property habitually with C.
Summary of Evidence
1. Defendant's legal statement;
1. Each legal statement of Co-defendant C and F before separation;
1. Records of seizure and the list of seizure;
1. Previous convictions in judgment: Criminal records and investigation reports (the report on confirmation of the last day of punishment);
1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;
1. Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329 and 30 of the Criminal Act concerning the crime committed;
1. The proviso of Article 35 and the proviso of Article 42 of the Criminal Act among repeated crimes;