특정범죄가중처벌등에관한법률위반(절도)
A defendant shall be punished by imprisonment for one year.
Criminal facts
On May 12, 2016, the Defendant was sentenced to five months of imprisonment for larceny at the Daegu District Court, and four months of imprisonment for larceny at the Daegu District Court on August 12, 2016. On July 20, 2018, the Defendant was sentenced to one year of imprisonment for night building intrusion, larceny, etc. at the Daejeon District Court on July 20, 2018, and completed the execution of the sentence on January 15, 2019.
On December 13, 2019, between 13:00 and 13:30, the Defendant: (a) discovered D taxi set up in front of the Daejeon Dong-gu building without opening a door; (b) opened a door of a taxi and opened it, and stolen cash of KRW 45,00 (5,000,000,000) owned by the victim and kept in the storage space under the front of the driver’s seat.
Accordingly, even though the defendant was sentenced to imprisonment more than three times due to larceny, etc., he stolen the victim's property during the repeated crime period.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. C’s statement;
1. A report on occurrence of a crime, report on internal investigation, and report on investigation;
1. Each photograph, blackbox, video CD;
1. Previous records of judgment: Criminal records, investigation reports (verification of criminal records of a suspect), personal confinement status, application of a copy of each judgment, and application of statutes;
1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 329 of the Criminal Act (amended by Act No. 13717, Jan. 6, 2016) Article 5-4 (5) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 13717, Jan. 6, 2016) on the Aggravated Punishment, etc. of the Specific Crimes (amended by Act No. 329 through 331, 333 through 336, 340, and 362 of the Criminal Act, or the attempted crime of Article 32 of the relevant Act on the Aggravated Punishment, etc. of Specific Crimes, in cases where a person who has been sentenced not less than three times to imprisonment for committing such crime, is punished as a repeated crime, unlike the amended provisions of paragraphs (1) through (4), Article 5-4 (5) of the same