특정범죄가중처벌등에관한법률위반(절도)
A defendant shall be punished by imprisonment for one year.
Punishment of the crime
[Criminal Power] On January 31, 2012, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Northern District Court. On May 15, 2014, the Seoul Eastern District Court sentenced to four years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On May 31, 2018, the Defendant was sentenced to two years of imprisonment with prison labor at the Seoul East Eastern District Court for larceny, etc. and completed the execution of the sentence at the Busan East Prison on December 29, 2019.
【Criminal Facts】
1. The Defendant committed the crime against the victim B around 08:58 on January 5, 2020, committed the crime against the victim B, which was in possession of the victim B, “D restaurant” in the Seo-gu, Seo-gu, Seowon-gu, Seowon-si, Chungcheongnam-gu, and infringed upon the entrance and lock, and opened a Kabter’s safe and opened cash in a store, but did not commit the crime but did not commit an attempted crime.
Therefore, even though the defendant was sentenced to imprisonment not less than three times due to larceny, he attempted to steals property during the period of repeated crime and attempted to commit it.
2. On January 1, 2020, the Defendant committed the crime against the victim E at around 09:18, 2020, opened a entrance to use and enter into the entrance to the victim E cafeteria in Jongno-gu Seoul Metropolitan Government, and then stolen it with KRW 150,000,000 in cash owned by the victim’s bank in custody.
Therefore, even though the defendant was sentenced to imprisonment more than three times due to larceny, he stolen property again during the repeated crime period.
3. On January 2, 2020, the Defendant committed the crime against the victim H at around 07:10, the Defendant used the victim H in Gwangjin-gu Seoul Special Metropolitan City (J) and destroyed the entrance door and went into the door so as to be locked, and attempted to commit a theft of cash, but the Defendant did not commit an attempted crime because the Defendant did not go against the intent of the Defendant.
Accordingly, the defendant is guilty of larceny.