[criminal power] On November 11, 201, the Defendant was sentenced to imprisonment for one year and ten months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny), and two years and eight months for the crime of habitual special larceny in the same court on June 12, 2015, and on December 6, 2016, the Defendant was sentenced to imprisonment for two years and six months for habitual larceny in the resident support of the Daegu District Court on December 6, 201, and completed the execution of the sentence on March 27, 2019.

【Criminal Facts】

On March 19, 2020, the Defendant, at the second floor of the building B at the time of permanent residence on March 19, 2020, had the victim D, who is the main employee of the building B, used the gap in which the victim D left the locked place, and had a cell phone with the market price of 1, agricultural card 1, cash 20, 10,000 won, 20,000 won, and 200,000,000 won, and 1,000,000 market price.

As a result, the defendant was sentenced to imprisonment not less than three times with prison labor due to the crime of larceny, etc., and again intruded into another's structure at night within three years after the execution of the sentence was completed, and stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Written statements of D;

1. A photograph of a CCTV closure;

1. Previous convictions indicated in judgment: Investigation report (recidions and confirmation of the same record), personal confinement status, and application of Acts and subordinate statutes to inquiry reports;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning the crime committed;

1. Article 35 of the Criminal Act among repeated offenders [Article 5-4 (5) of the Act on the Aggravated Punishment, etc. of Specific Crimes] where a person who has been sentenced not less than three times to imprisonment for committing a crime under Articles 35 ( separate from the provisions of a repeated crime) of the Criminal Act, including an attempted crime under Articles 329 through 331 of the Criminal Act, once again commits the relevant crime during the period of

‘A' must be interpreted as establishing a new constituent element of the content.

Therefore, Article 35 of the Criminal Act is again applied to the punishment stipulated in the Act of this case.