특정범죄가중처벌등에관한법률위반(절도)
A defendant shall be punished by imprisonment for three years.
Punishment of the crime
[Criminal Power] On April 23, 2009, the Defendant was sentenced to one year and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Seoul Northern District Court, and on May 4, 2012, sentenced one year and six months to imprisonment for the same crime in the Chungcheong District Court. The execution of the sentence was terminated on September 8, 2013.
【Criminal Facts】
Defendant, habitually,
1. On February 17, 2014, around 13:00, D temples located in Chungcheong City C entered the Republic of Korea by pretending that they were believers, and, at the same time, in the head of the instant inspection, the grring of the victim E, the grring of the instant inspection, which was located adjacent to the frring, brought about 2,20,000 won of the market price of the said inspection (health functional food) and 2,000 won of the market price;
2. Around 16:00 on February 20, 2014, G inspection, which was located in the Haju City F, entered the G inspection, which pretended to be a believers, and opened the inspection, which was not corrected as to the victim H’s ownership, and tried to steals cash, but was attempted to commit an attempted offense due to the absence of cash in the process of the inspection;
3. At around 15:00 on March 1, 2014, D temples in Chungcheongnam-si, who pretended to be believers, entered the Republic of Korea, leading to the theft of five times the market price of the above victim E owned by the victim, which was above the upper part of the group of the victim who was above the upper part of the incident, 15,000 won.
Summary of Evidence
【Criminal Facts in the Market】
1. Defendant's legal statement;
1. Statement to E by the police;
1. A H statement;
1. Police seizure records;
1. Photographs of seized articles;
1. Investigation report (CC-TV reading), investigation report (party to theG inspection), attached CCTV reading photographs (criminal records on the market);
1. A reply to inquiries, such as criminal records;
1. In light of the records of the investigation report (Habitualness of judgment, etc. on the same crime as the disqualification), the method and frequency of the crime, and the fact that the person again commits the crime of this case during the period of repeated crime after having been sentenced to punishment for the same crime as the disqualifications] as indicated in the judgment, and the execution of the sentence has been completed, etc., commission of theft may be recognized
Application of Statutes
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;