특정범죄가중처벌등에관한법률위반(절도)등
A defendant shall be punished by imprisonment for one year.
Punishment of the crime
[criminal power] On September 1, 2011, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Daejeon District Court Daejeon District Court on August 21, 2015. On August 21, 2015, the Defendant was sentenced to four months of imprisonment with prison labor for larceny, etc. at night, and completed the final sentence on May 11, 2019.
【Criminal Facts】
On October 23, 2019, at around 10:50, the Defendant came to the residence of the victim C located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and intruded into the bank, opening an unlocked back door and rupture up to the bank. On October 23, 2019, the Defendant inserted 11 Defendant at the time of the market price of the 2,100 Won of the “Refrupination” and 11 of the 2,100 won of the market price in the air conditioning.
Accordingly, the defendant intrudes upon the victim's residence, was sentenced to imprisonment not less than three times due to larceny, etc. and again committed larceny within three years after the execution of the sentence is completed.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. A report on investigation (Attachment of a field photograph);
1. Previous records: Application of inquiries, such as criminal records, and investigation reports (Attachment to judgments, etc. of the same kind of criminal records as a suspect, and repeated crimes and confirmation thereof);
1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act and Article 319 (1) of the Criminal Act concerning the crime (the point of intrusion upon residence and the choice of imprisonment);
1. Article 35 of the Criminal Act among repeated crimes (Offense of Intrusion upon Residence)
1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the long-term punishment for each crime is added up);
1. The sentencing of sentencing under Articles 53 and 55(1)3 of the Criminal Act is to be determined as ordered by taking account of the following circumstances, the Defendant’s age, character and conduct, criminal records, criminal records, environment, circumstances after the crime, etc., and all the factors of sentencing as shown in the argument of the instant case, including the circumstances after the crime.
The defendant's mistake and reflects his own fault, and the value of the damaged product.