One cuter (No. 1) seized shall be confiscated.

1. Special larceny;

A. On June 3, 2019, at around 04:35, the Defendant: (a) prepared in advance at the “○○○ cartoon book operated by Nonindicted Party 1, the victim Nonindicted Party 1, in Daejeon ( Address 1 omitted); (b) opened a door by cutting the door locked with the door locked; (c) opened the door and intrudeed the door; and (d) cut the cash owned by the victim in the front cover of the calculation unit, and then cut the victim’s cash amounting to KRW 220,000,000, in cash owned by the victim in the front cover of the calculation unit.

B. On June 11, 2019, the Defendant invadedd the same method at the same place as that of the preceding paragraph and stolen the same amount of KRW 10,000 per annum in the calculation unit.

Accordingly, the defendant was sentenced to imprisonment more than three times with prison labor due to robbery and larceny, and again stolen another's property during the period of repeated crime.

2. Attempted special larceny;

On June 7, 2019, at around 00:0 on June 7, 2019, the Defendant: (a) prepared in the office of ○○○○ Licensed Real Estate Agent, which was operated by Nonindicted Party 2, with the victim Nonindicted Party 2, cut off the door door door locked, cut off it, and stolen cash, but did not find cash, but did not commit an attempted crime.

Accordingly, the defendant was sentenced to imprisonment more than three times with prison labor due to robbery and larceny, and again attempted to steals another's property during the period of repeated crime.

1. Examination protocol of the accused by prosecution;

1. The police statement of Nonindicted Party 1

1. Each written statement of Nonindicted 2 and Nonindicted 3

1. Records and lists of police seizure;

1. A report on the occurrence and an investigation;

1. On-site photographs, on-site photographs, CCTV images taken at the time of committing a crime, and photographs of the defendant's residence and criminal tools;

1. Previous records of judgment: Criminal records, investigation reports (verification of the fact that the person is a repeated crime under Article 5-4 (5) of the Act on Special Cases, attachment of written judgments), copies of written judgments, and current status of personal confinement;

Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 331 (1) and 330 of the Criminal Act (the point of each repeated crime), Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342, 331 (1), and 330 (the point of each repeated crime 1) of the Criminal Act

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Concurrent Crimes in Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) of Article 1 of the Judgment with the most serious criminal character and Article 50) of the Criminal Act

1. Statutory mitigation;

Articles 52(1) and 55(1)3 of the Criminal Act (Self-denunciation)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for two-year punishment”), among favorable circumstances

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

2. Scope of recommended sentences according to the sentencing criteria;

(a) First crime (thief in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes);

[Determination of Punishment] thief Crimes> 03. A thief under the Specific Crimes Aggravated Punishment Act (Type 1)

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment from June to 3 years;

(b) Second crime [Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes];

For the purposes of paragraph (a) above

(c) Class 3 crime: Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

For the purposes of paragraph (a) above

(d) Scope of recommendations according to the standards for handling multiple crimes: From June to June of one year (the upper limit of the first crime + the upper limit of the second crime + the 1/2 + the upper limit of the third crime + 1/3).

(e) The scope of recommendations corrected according to the applicable sentences: Imprisonment with prison labor for a period of between six months and five years;

3. Determination of sentence: Ten months of imprisonment (no one shall comply with the sentencing criteria in light of the following circumstances):

In depth, the defendant's mistake is often divided, the damage is relatively minor, the investigative agency voluntarily surrenders to the crime of this case, some of the crimes were committed, and the crime was committed by attempted, and it is a living-type crime, and it is clear that social ties are relationship, such as engaging in daily labor in construction business.

However, the crime of this case is committed by a criminal defendant who has been sentenced to imprisonment more than three times with prison labor due to robbery and larceny, and repeatedly commits or attempts to commit a special larceny during the period of repeated crime. In light of the method and frequency of the crime, the liability for the crime is very heavy, and the possibility of criticism is high, and the possibility of recidivism is high. In addition, the criminal defendant did not endeavor to recover damage. Accordingly, the criminal defendant is sentenced to a punishment.

In addition, the sentencing conditions specified in the argument of this case, such as the defendant's age, character, conduct and environment, etc., and the conditions favorable to finine prior to the hearing of this case shall be determined as the disposition.

Judges Seo Jae-gu

(1) Article 5-4(5) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 13717, Jan. 6, 2016) provides that “If a person who has been sentenced not less than three times to imprisonment for a repeated crime under Articles 329 through 331, 333 through 36, 340, and 362 of the Criminal Act, or the attempts thereof, again commits such crime, paragraphs (1) through (4) of this Article shall be punished, and Article 5-4(5) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Punishment Act”) provides that “The statutory punishment for a repeated crime under Article 329 through 331, 333 through 36, and 362 of the Criminal Act or for a repeated crime under Article 5 of the same Act shall be punished again for the same reason as that for a repeated crime, Article 5-4 of the same Act shall be punished by imprisonment with prison labor for not more than the following special reason.”