특정범죄가중처벌등에관한법률위반(절도)
A defendant shall be punished by imprisonment for one year.
Punishment of the crime
[criminal history] On August 19, 201, the Defendant was sentenced to four months of imprisonment with prison labor for special larceny, etc. and one year and two months of imprisonment with prison labor at the Incheon District Court. On September 18, 2014, the Defendant was sentenced to one year and two months of imprisonment with prison labor for night building intrusion larceny, etc. at the same court, and on April 27, 2016, the Defendant was sentenced to one year and one year and two months of imprisonment with prison labor for night building intrusion larceny at the Seoul Western District Court and completed the execution of the sentence at the Seoul Southern District Court on March 2, 2017.
[Criminal facts]
1. On May 10, 2017, the Defendant: (a) opened and intruded the entrance door at the “T cafeteria” restaurant operated by Jung-gu Incheon Metropolitan City, Jung-gu, in an influence of surveillance; (b) cut off the cash amounting to KRW 900,000,000,000, owned by the victim, which is located in the main bank of the city and the river; and (c) cut off the victim’s capital amounting to KRW 90,000,000.
2. On May 22, 2017, the Defendant: (a) opened and intruded the entrance door in the middle-gu Incheon Metropolitan City’s first floor of the V Building in a 1st century by a fire; and (b) cut off with cash of 300,000 won owned by the victim in the saving depository in the relevant place.
Accordingly, the defendant was sentenced to imprisonment not less than three times due to larceny, etc., and again stolen another person's property within three years after the execution of the sentence is completed.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of U and R;
1. CCTV photographs and on-site photographs;
1. Previous convictions: Inquiries about criminal history, reporting of investigation (Attachment of criminal records of the same kind and attachment of judgment of the suspect), and application of Acts and subordinate statutes to investigation reports (Attachment of current status of confinement
1. Article 5-4 (5) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning the crime committed under the corresponding provisions of the Act;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;
1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following):