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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[Criminal Power] On June 14, 2004, the Defendant was sentenced to imprisonment for one year and six months with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Busan District Court. On October 18, 2005, the above court was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On March 23, 2012, the above court was sentenced to three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On December 28, 2016, the above court was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On October 29, 2017
【Criminal Facts】
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) is a person who retired after having worked for about two years in a restaurant in the name of “C” in the operation of the victim B.
On November 9, 2019, the Defendant: (a) around 04:30 on November 9, 2019, at around the front of the above restaurant building located in Busan-gu, Busan-gu; (b) retired from the restaurant and opened a entrance by using the unclaimed keys; and (c) went into the restaurant to the inside of the restaurant; (d) on November 9, 201, the Defendant carried out one corrosion-type of kimchi equivalent to KRW 40,000 in the market value of the victim, which is owned by the victim located in the main air conditioning station, at least KRW 5 km and KRW 10,000 in the market value, and 10,000 in the market value.
Accordingly, the defendant, who was sentenced to imprisonment not less than three times due to theft, etc., was invaded on the structure managed by the victim at night during the repeated crime period, and stolen the property of the victim.
B. On December 1, 2019, around 01:23, 2019, the Defendant infringed on the restaurant inside and outside of the restaurant by the said method at the same place as the above Paragraph (1) above, and carried out Japan tobacco equivalent to KRW 26,100, the market price of KRW 100,000, and KRW 7,000,000, the amount of KRW 5,000, and the market price of KRW 30,00.
Accordingly, the defendant, who has been sentenced to imprisonment not less than three times due to larceny, has intruded on the structure managed by the victim at night during the period of repeated crime.