특정범죄가중처벌등에관한법률위반(절도)
A defendant shall be punished by imprisonment for three years.
Criminal facts
On June 15, 2007, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in a capital support in a flood control center, and three years and six months of imprisonment with prison labor for habitual larceny, etc. at the Seoul High Court on April 17, 2015, and completed the execution of the final sentence on February 9, 2018.
The Defendant, on June 28, 2018, was living together with the victim C at around 00:0 on June 28, 2018, in the victim C’s residence located in Gwangju-si, and the victim was locked from the other victim’s occupied part.
10,000 won shall be deducted from 12 copies of the check before him, and 300,000 won in cash.
They go back.
As a result, the defendant was sentenced twice or more to larceny, and habitually stolen another's property within three years after the execution of the sentence was completed.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the police against C;
1. Investigation report (the counter investigation of victims, confirmation of the number of a check for damage, reply to the payment of a check, and tracking and investigating a stolen check);
1. On-site photographs, a check number confirmation statement of deposit transactions, and financial information reply data;
1. Previous convictions indicated in the judgment: References to inquiries, such as criminal history, investigation report (Confirmation of suspect A's previous records and repeated period);
1. Habitualness of the judgment: The defendant asserts that the crime of this case is not based on the theft habit, in light of the records of each crime, the method of crime, the background of the crime, and the fact that the same crime was committed during the period of repeated crime after release.
However, the following circumstances acknowledged by the evidence duly adopted and investigated by the court are: (a) the defendant has been sentenced five times to a larceny crime including a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) as stated in the judgment of the court; (b) the crime of this case committed only four months after the defendant completed the execution of a sentence of three years and six months due to habitual larceny, etc.; and (c) the defendant is aware of it.