Seized divers (not less than 22 cm in length) shall be confiscated (No. 1).

[Criminal Power] On April 10, 2009, the Defendant sentenced three years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daegu District Court, and on August 6, 2015, the same court sentenced two years and six months to imprisonment for habitual larceny, etc. and completed the execution of the sentence on October 16, 2017.

【Criminal Facts】

At around 13:50 on October 26, 2019, the Defendant: (a) entered the Victim B’s house located in Seogu-gu, Daegu-gu, and then laid the locking device of the warehouse into the Victim’s house, which was prepared in advance, and then intruded into the house, and then stolen the locking device of the warehouse into the Raber with property equivalent to KRW 1,100,000,000,000, total market value of KRW 800,000,000,000,000,000 won.

Accordingly, even if the defendant was sentenced twice or more to habitually steals another's property, he/she again stolen the victim's property within three years after the execution of the sentence was completed.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. The police statement concerning B;

1. B written statements;

1. Records of seizure and the list of seizure;

1. Previous records of judgment: Criminal records, inquiry reports (A), nine copies of judgment, and current status of acceptance by individuals;

1. Habitualness: Application of the Act and subordinate statutes to the Act on the Aggravated Punishment, etc. of Specific Crimes to the Act on the Aggravated Punishment, etc. of Specific Crimes to the Act on the Aggravated Punishment, etc., including each criminal record in the judgment, has been punished several times, and the same type of crime was committed after release

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act among repeated crimes (that there exists a criminal record of habitual larceny, etc.);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to twenty-five years; and

2. The sentencing criteria shall be set.