특정범죄가중처벌등에관한법률위반(절도)
A defendant shall be punished by imprisonment for two years.
Punishment of the crime
On August 17, 2011, the Defendant was sentenced to imprisonment with prison labor for one year and six months and three years for the same crime at the Daejeon District Court on June 13, 201, and the execution of the final sentence was terminated on April 7, 2016.
On April 18, 2016, the Defendant: (a) went into the management televise of the victim D (44 tax) located in Daejeon Jung-gu, Daejeon on April 18, 2016, the Defendant came to have a single credit cooperative equivalent to KRW 70,000,000 in the market price of KRW 180,000 in cash, which was the victim's possession, and a one hand-on phone in Samsung Galle Lgju, the market price of which is equivalent to KRW 50,000 in the market price of KRW 50,000.
Accordingly, the defendant habitually stolen the victim's property amounting to KRW 750,000.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. On-site photographs and photographs of recovered damaged articles;
1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a criminal investigation report (Attachment to the same type of crime record), and a criminal investigation report (final confirmation of expiration of the term 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, and the same kind of crimes under the judgment repeated several times;
1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning the crime;
1. Article 35 of the Criminal Act for aggravated repeated crimes [Inasmuch as there exists a criminal record of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, for which the execution of punishment was completed on April 7, 2016]
1. Since the Act on the Aggravated Punishment, etc. of Specific Crimes was amended by Act No. 13717, Jan. 6, 2016, as the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for sentencing”) was amended by Act No. 13717, Jan. 6, 2016, the composition requirements and statutory punishment under Article 5-4(6) of the same Act were amended, the sentencing guidelines based on Article 5-4(6) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 13717, Jan. 6, 2016) are not applicable.
The defendant is punished several times for the same crime.