【Criminal Power】

On January 26, 1995, the Seoul High Court sentenced the Defendant to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Aggravated Punishment, etc. of Specific Crimes). On November 19, 2015, the Seoul Central District Court sentenced the Defendant to two years of imprisonment for habitual night night intrusion and larceny in the review procedure at the Seoul Central District Court, and was dealt with as the execution of the sentence was terminated on August 22, 2015. On April 15, 2016, the Seoul Central District Court sentenced the Defendant to two years of imprisonment for night intrusion and larceny, etc., and completed the execution of the sentence on February 25, 2018.

【Criminal Facts】

1. 피고인은 2018. 3. 26. 19:29경 서울 강남구 C, 101호 피해자 D의 집에 이르러, 시정되지 않은 창문을 열고 안방까지 침입한 후 그곳 서랍장 등에 있던 피해자 소유의 시가 불상의 에메랄드 백금반지 1개, 시가 300만 원 상당의 페라가모 시계 및 팔찌 각 1개, 시가 60만 원 상당의 샤넬 귀걸이 3개, 시가 불상의 24K 기업은행골프마크 2개 및 옥장식 금목걸이 1개를 가지고 나와 절취하였다.

2. On March 31, 2018, the Defendant: (a) went into the house of Gangnam-gu Seoul E and the second floor victim F; (b) went into the house of the victim E, Gangnam-gu, Seoul and the second floor victim; (c) went into the house; and (d) subsequently, the victim’s market price, which was 50,000 won of the 50,000 won in the market price, was 1,1,1,1,2,1,2, 2,2, 1,2, 1,2, 1,2, and 1, 2,2, 2,2, and 1, 2, and 2. Accordingly, the Defendant was sentenced to two or more penalties for violating the Act on the Aggravated Punishment, etc. of Specific Crimes, and was habitually stolen the victims’ property within three years after the execution of the sentence was completed.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor and police interrogation protocol of the accused;

1. A written statement of G and F;

1. A report on the results of field identification (10-18, 237-246 pages of investigation records);

1. The investigation report (the form of a suspect and specific relation to the time of the crime, 19-21 pages), each investigation report (247-249, 254, 255 pages), investigation report (209-213 pages of investigation records), investigation records (209-213 pages of investigation records), report on internal investigation (250-253 pages of investigation records), and report on internal investigation (250-253 pages of investigation records), records of seizure, list of seizure, and photographs of seized articles;

1. Previous records of judgment: Criminal records, etc., investigation reports (a copy or abstract of a resident registration record card, results of search by prisoners, inquiry reports, results of search by prisoners, attachment of inquiry reports, investigation reports (Attachment of a judgment);

1. Habituality of judgment: Recognition of theftproof walls in light of the following facts: The history of each crime, the method of crime, and the same crime committed in the short term after the execution of the punishment is completed;

Application of Statutes

1. Article applicable to criminal facts;

Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act (Overall Control)

1. Aggravation for repeated crimes;

Article 35 of the Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Confiscation;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a year and six months to twenty-five years;

2. Application of the sentencing criteria;

[Determination of Punishment] Types 2 (Habitual Larceny) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of thief)

[Scope of Recommendation] Basic Field, 2 years to 4 years of imprisonment

3. Determination of sentence: Two years and six months; and

At night, the Defendant intruded upon a residence and stolen any valuable object. The Defendant had been punished several times due to the same criminal act before the instant case, but again repeated the instant crime at approximately one month after the release. In this respect, the possibility of criticism against the Defendant is not small.

However, considering the circumstances favorable to the defendant, such as the defendant's health, character and behavior, environment, family relationship, motive for committing the crime, circumstances after committing the crime, etc., which led to the crime of this case, a considerable number of damage was temporarily returned, and the confession of all the crime of this case, etc., the defendant committed the crime of this case. In addition, the punishment as ordered shall be determined by taking into account the various sentencing conditions in this case, including the defendant's health, character and behavior

Judge Political decoration

Judge Lee Sang-hoon