특정범죄가중처벌등에관한법률위반(절도)
A defendant shall be punished by imprisonment for one year.
Punishment of the crime
[criminal records] On December 30, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny in the Gwangju District Court’s Net Branch of the Gwangju District Court, and on December 29, 2016, sentenced to one year of imprisonment with prison labor for larceny, etc. at the Ulsan District Court’s Ulsan District Court. On March 23, 2018, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny, etc. and completed the execution of the sentence in the wooden Prison on June 22, 2018.
[Criminal facts]
1. On July 2, 2018, at around 00:50, the Defendant placed a bank equivalent to KRW 300,000,000,00 in his/her own bank and stolen a bank equivalent to the market price of KRW 100,000,000,000 in the victim’s own bank, where the victim Party Party E was able to play a game, using the gaps in which the victim Party E was able to play a locked game.
2. On July 10, 2018, the Defendant: (a) in the “G” room located on the 22:28th floor of Suwon-si, Suwon-si F3, the Defendant: (b) carried out a game by the victim H; (c) one credit card No. 1, the Nonghyup-si, and one 100,000 won of the market price in which the head of the driver’s license is located, and stolen, using the cresh in which the victim H was able to play a game; and (d) one copy of the credit card No. 1, the No. 33354, supra.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement of E and H;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and Acts and subordinate statutes as the result of prisoners search;
1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act (the crime of larceny under the Act on the Aggravated Punishment, etc. of Specific Crimes shall be deemed a special provision on the aggravated punishment of repeated crimes pursuant to the proviso to Article 8 of the Criminal Act in light of the establishment of a phrase of aggravated punishment and the necessity of a consistent interpretation with the Constitution, etc.);
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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment is 【The scope of recommending punishment】 the basic area [one year and six years - 3 years] of theft of repeated crimes.