특정범죄가중처벌등에관한법률위반(절도)
A defendant shall be punished by imprisonment for one year.
Punishment of the crime
[criminal records] The Defendant was sentenced to six months of imprisonment with prison labor for special larceny in the Daegu District Court’s Branch Branch on November 2, 2006; on April 22, 2010, the Seoul High Court sentenced to five years of imprisonment with prison labor for larceny, etc. on September 7, 2014; and on February 11, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. in the Suwon District Court’s Branch, and was sentenced to six months of imprisonment with prison labor for larceny, etc.
6. 20. The execution of the sentence was completed.
[Criminal facts] The Defendant, at around 08:40 on September 3, 2015, 2015, took advantage of the gaps where the victim D was locked, as well as the key to the right box in the shower bank of the victim.
In order to hold the victim's right to object and to bring 16,00 won in cash owned by the victim, the victim was stolen. The summary of the evidence was stolen.
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. E statements;
1. Relevant photographs;
1. Previous conviction: Inquiry about criminal history and application of Acts and subordinate statutes concerning personal confinement;
1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime committed;
1. Article 35 of the Criminal Act for aggravated repeated crimes (applicable to a criminal record of larceny, etc.);
1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)
1. The scope of applicable sentences by law: Imprisonment for one year to ten years; and
2. Inasmuch as the elements of Article 5-4(5) of the former Act on the Aggravated Punishment, etc. of Specific Crimes were modified by Act No. 13717 on January 6, 2016, and the elements of Article 5-4(5) were changed, the sentencing criteria based on Article 5-4(5) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 13717, Jan. 6, 2016) do not apply.
The defendant led to the crime of this case and reflects his mistake, the amount of damage to the crime of this case is small amount, and the cash that was stolen after being arrested at the site was returned to the victim. The victim was against the defendant.