특정범죄가중처벌등에관한법률위반(절도)
A defendant shall be punished by imprisonment for three years.
Punishment of the crime
On June 29, 2007, the Defendant was sentenced to three years by the Seoul Central District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On July 29, 2010, the Defendant was sentenced to three years of imprisonment with prison labor for the same crime in the same court on July 29, 2010 and completed the execution of the sentence on June 25, 2013. In addition, the Defendant was sentenced to imprisonment with prison labor for the same kind of
On November 22, 2013, from around 04:30 to 05:00 on the same day, the Defendant opened an entrance without being set up and intruded into the entrance, and stolen it by having 4,000,000, the market price owned by the victim E, etc., such as the victim E, etc. located in the new site, which was 229,000 won.
The Defendant habitually stolen the victims’ property at least four times from around that time to February 20, 2014, as shown in the list of offenses.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F, and the police statement concerning G (the telephone hearing record);
1. Each written statement of H and I;
1. Records of seizure and photographs of seized articles;
1. Previous convictions in judgment: Criminal records, personal identification and confinement status, copies of written judgments;
1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;
1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning criminal facts and Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes
1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;
1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)
1. Application of the sentencing criteria [the range of recommending punishment] 4.5 times the upper and lower limit of the scope of sentence is increased by 1.5 times, since the basic area (three years to six years) of the category 1 (general habitual and repeated larceny) is the basic area (Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes;
2. Determination of sentence;