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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
On May 8, 1998, the defendant was sentenced to a suspended sentence of 8 months at the Busan District Court for special larceny; on July 23, 199, the defendant was sentenced to a prison term of 6 months in the same court; on June 17, 2005, he was sentenced to a imprisonment of 8 months in the Gwangju District Court for special larceny; on September 22, 2006, he was sentenced to a imprisonment of 1 year and 6 months in the same court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.
Around 02:00 on February 18, 2014, the Defendant: (a) went into a trade name “E” operated by the victim D in Changwon-si, Changwon-si; (b) invaded the door side glass by drinking, and brought about KRW 1,200,000,000,000 in cash in the market price of the victim’s possession, which was in that place; and (c) from that time until April 29, 2014, the Defendant attempted to bring about the total amount of KRW 7,448,80,00 in the market price of 21 times, such as the entry in the list of crimes in the attached list of crimes, or brought about the goods that were in total equivalent to KRW 7,48,80,00 in the market price, and did not bring about such intent.
Accordingly, the defendant habitually stolen the victims' property.
Summary of Evidence
1. Defendant's legal statement;
1. Nos. 1-13, 15-20, 22-24, 27-45, and 50-72 of the evidence list submitted by the prosecutor (hereinafter “Evidence list”).
1. Previous convictions in the judgment: No. 47 and 48 of the evidence list;
1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of the crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes were repeated in a short period;
1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 331 (1), 330, and 342 of the Criminal Act concerning the crime (generality, choice of limited imprisonment);
1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the scope of recommending punishment) [the scope of recommending punishment] types 1 of the Criminal Act (general habitual and repeated larceny) (ii) and the basic area (iii) (iv) of the habitual and repeated larceny (general and repeated larceny) [the decision of sentencing] [the decision of sentencing].