특정범죄가중처벌등에관한법률위반(절도)
A defendant shall be punished by imprisonment for one year.
Punishment of the crime
【Criminal Records of Crimes】 On December 1, 2006, the Defendant was sentenced to imprisonment with prison labor for special larceny at the Seoul Northern District Court on April 4, 2008; imprisonment with prison labor for one year and six months; imprisonment with prison labor for larceny, etc. at the Jung-gu District Court on June 15, 2012; and imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the same court on August 27, 2014; and on January 3, 2016, the Defendant completed the execution of the sentence at a public prison on January 3, 2016.
【Criminal facts at D points located on January 4, 2017, in Yeongdeungpo-gu Seoul Metropolitan Government C1, around 23:35, the Defendant appeared to hold a line at D points in Yeongdeungpo-gu, Seoul, with a total of 107,00 won in Korean currency, KRW 23,00 in Chinese currency, USD 223 in Chinese currency, KRW 23,00 in Chinese currency, KRW 180 in Korean currency, one credit card in the victim’s name, and one resident registration certificate.
Accordingly, the Defendant, who was sentenced to imprisonment not less than three times with prison labor due to theft, etc., stolen the victim's property within three years after the execution of imprisonment is completed.
Summary of Evidence
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the police for E;
1. A written statement;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of repeated crimes under the Act on the Aggravated Punishment of Suspects), text of judgment, and the current status of personal expropriation;
1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime committed;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The sentencing guidelines for the crime of larceny for the reasons of sentencing in Articles 53 and 55(1)3 of the Criminal Act (Article 55(1)3 of the Act on the Mitigation of Small Quantity and there is no type 1 [type ] (general person subject to special sentencing] [person subject to general sentencing] [the scope of recommendation] mitigation element: The basic area of damage not [the scope of recommendation]: 2 years - 4 years O defendant.