특정범죄가중처벌등에관한법률위반(절도)
A defendant shall be punished by imprisonment for three years.
Punishment of the crime
On March 21, 2007, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., in the Jeonju District Court’s Gunsan Branch, and on October 28, 2010, the said court sentenced one year and six months of imprisonment with prison labor for the same crime and completed the execution of the said punishment on March 2, 2012.
On March 13, 2013, around 21:30, the Defendant collected water pumps from fuel tanks in the Fern New Network Truck (9.5 tons) owned by the victim E, parked therein, and deducted the transit of the victim owned by the victim, and did not go to the G who parked vehicles in the surrounding area, and did not go through such intent.
Accordingly, the defendant attempted to steals property owned by others habitually.
Summary of Evidence
1. Defendant's legal statement;
1. "At the time of statement of each police officer's statement of G and E: A criminal history record, etc.; a copy of each judgment (in the investigation record, No. 44-52 pages); and the current status of personal identification and confinement (Habituality at the time of market: ① The defendant may be admitted to a criminal defendant who has been punished several times for the same crime by imprisonment with prison labor until he/she is sentenced to imprisonment with prison labor for the same crime on October 28, 2010 due to a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) of the same Act, etc. on October 28, 2010; ② the defendant committed the same crime again at one year and six months after the execution of the final sentence is completed; and in light of the criminal history of the defendant and the Criminal Procedure Act, etc.
Application of Statutes
1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 342 and 329 of the Criminal Act concerning the crime;
1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;
1. The reason for sentencing [the scope of applicable sentences] for the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following reasons for sentencing] [the scope of applicable sentences] 3-25 years [the decision of a sentence] habitually and habitually, habitually, and repeated crimes committed by the larceny group.