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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
On May 9, 2006, the Defendant was sentenced to a summary order of KRW 300,00 as a fine for larceny at the Busan District Court, and on July 18, 2006, sentenced to a suspended sentence of KRW 2 years for larceny at the Busan District Court, and on September 26, 2006, sentenced to imprisonment of 1 year and 6 months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Busan District Court on March 10, 201, and completed the execution of the sentence on November 13, 2013.
On March 29, 2014, at around 09:54, the Defendant cited one television set of Samsung 32-person Samsung ELD (LED) at the market price equivalent to KRW 800,000, which is the market price of the victim’s possession, who was the victim’s house located in Goyang-si, Goyang-si, Goyang-si and moved to the victim’s house before the victim’s house located in Goyang-si.
Accordingly, the defendant habitually stolen the victim's goods.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. Records of seizure and the list of seizure;
1. Previous records of judgment: Criminal history records, investigation reports (previous records and verification), investigation reports (verification of the date of release of a suspect);
1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the fact that a person recommits the same kind of crime within a relatively short period of time after the records of the crime, the method of crime, and release;
1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the relevant criminal facts, and Article 329 of the Criminal Act;
1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act (applicable to a criminal record of larceny, the execution of which was completed on November 13, 2013) among repeated offenders;
1. Aggravation of a two-dimensional punishment under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing), which are favorable to the accused;
1. The scope of applicable sentences: Imprisonment for a period of one year and six months to twenty-five years;
2. The scope of the recommended punishment according to the sentencing guidelines [decision on the types of punishment] shall be types 1 (general habitual and repeated larceny) (decision on the recommended area].