특정범죄가중처벌등에관한법률위반(절도)
A defendant shall be punished by imprisonment for two years.
Punishment of the crime
On February 1, 2010, the Defendant was sentenced to imprisonment with prison labor for one year and six months at the Seoul Southern District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and on December 31, 2013, the Defendant was sentenced to imprisonment with prison labor for larceny from the Suwon District Court members of the Sejong District Court as a result of larceny.
On April 29, 2015, the Defendant was sentenced to imprisonment for one year and six months at the Seoul Central District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence at the astronomical Prison on September 12, 2016.
On December 3, 2016, at around 08:30 on December 3, 2016, the Defendant stolen a gallon case consisting of a 4-on-line mobile phone and a mobile phone case consisting of one head of one bank credit card, which the market price the victim E sets up on his table, using a gallebal jum, where the victim E was locked down a stumd down on his table, from the 3-story D store in Yeongdeungpo-gu Seoul Metropolitan Government.
Accordingly, the defendant habitually stolen the victim's property.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Photographs of damaged articles;
1. Previous convictions in judgment: A reply to inquiry about criminal history, report on investigation (verification of the history of larceny crime), text of judgment, etc.;
1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness, taking into account the records of each crime, the number of crimes, the frequency of crimes, and the number of repeated crimes of the same kind in the judgment;
1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)
1. Scope of punishment by law: Imprisonment with prison labor for not less than one year and six months but not more than 25 years;
2. Determination of sentence: The Defendant’s liability is not minor since he/she committed the instant crime again during the period of repeated crime even though he/she was sentenced to several times due to the thief crimes committed by imprisonment with prison labor for two years;
However, there was no substantial damage to the victim due to the return of the damaged goods to the victim.