특정범죄가중처벌등에관한법률위반(절도)
A defendant shall be punished by imprisonment for not less than three years and six months.
Punishment of the crime
[Criminal Power] On May 18, 2007, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Central District Court. On January 5, 201, the same court was sentenced to three years of imprisonment for the same crime and completed the execution of the final sentence on November 3, 2013.
【Criminal Facts】
At around 18:00 on June 14, 2014, the Defendant discovered that the victim E gets on the left shoulder without locking the bank, and followed the victim, and then cut off the victim 64,000 won in cash within the bank owned by the victim, 64,000 won in our bank Love Card, and 130,000 won in the market value of Samsung F&M, respectively.
Accordingly, the defendant habitually stolen another's goods.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Records of seizure and the list of seizure;
1. A report on investigation (with regard to the specific place of damage);
1. Previous records of judgment: Criminal records, investigation reports (Attachment to a copy of the same criminal records), and current status of confinement/collection of each individual;
1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the fact that the person repeatedly commits the crime of this case in the same kind within a short time after the execution of each crime history, method of crime, frequency of crime, and final punishment is completed;
1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the relevant criminal facts;
1. Article 35 of the Criminal Act among repeated crimes [Article 42 of the Act on the Aggravated Punishment, etc. of Specific Crimes, which ends on November 3, 2013]
1. The reason for sentencing [the range of applicable sentences] under Articles 53 and 55(1)3(3) of the Criminal Act for discretionary mitigation [the range of applicable sentences] is three to twenty-five years [the decision of applicable sentences] under Articles 53 and 55(1)3 of the Criminal Act, i.e., theft crime, habitual repeated crime theft (general habitual repeated theft).