특정범죄가중처벌등에관한법률위반(절도)
A defendant shall be punished by imprisonment for two years.
Punishment of the crime
[criminal power] On May 21, 2004, the Defendant was sentenced to a fine of two million won for larceny at the Hongsung Branch of the Daejeon District Court on July 15, 2005, to imprisonment with prison labor for larceny at the Daejeon High Court on July 15, 2005, and to eight months for larceny at the Seosan Branch of the Daejeon District Court on February 24, 2009. On March 25, 2010, the Defendant was sentenced to imprisonment with prison labor for one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the Daejeon District Court’s red support for the Daejeon District Court on March 25, 201. On August 20, 201, the Defendant completed the execution of the sentence at the Seoan Prison
【Criminal Facts】
On February 5, 2014, at around 23:48, the Defendant: (a) invadedd the D Hospital 317 room in Seosan-si C by using the gaps in which patients were divingd; (b) opened one of the victim E’s cash 400,000 won owned by the victim E, who was hospitalized in the said D Hospital; and (c) removed the victim’s property on five occasions in total from that time until February 13, 2014, the Defendant attempted to steal or steal the victim’s property, such as the list of crimes, from that time until February 13, 2014.
Accordingly, the defendant habitually stolen or attempted to steals the victims' property.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of victims;
1. Each photograph;
1. Previous records of judgment: Criminal records, inquiry reports, copies of judgment, number of individuals and confinement status;
1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;
1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329, 330, and 342 of the Criminal Act, the choice of imprisonment for a limited term concerning the crime, and the choice of a sentence;
1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, even though the Defendant had been punished several times for the same kind of crime, the Defendant committed the instant crime during the period of repeated crime resulting from the same crime, and did not recover from damage.