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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
On October 6, 2001, the Defendant was sentenced to imprisonment of 10 months with prison labor for larceny at the Incheon District Court, 1 year and 6 months from the Seoul Western District Court on January 31, 2002, and 1 year and 6 months from the imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the same court on February 23, 2005, and 1 year and 6 months from the imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on September 21, 2007, and completed the execution of the sentence on December 28, 2008.
On March 20, 2010, around 09:30 on March 20, 2010, the Defendant left the 34 key of the victim E in the bath in Seongbuk-gu Seoul Metropolitan Government and the 35 key of the victim F in the bath.
The Defendant, using the above keys, opened 34 objects, and took 470,000 won in cash from the wall of the victim E, thereby inserting them into the main machine, and later, opened 35 objects and took 130,000 won in cash from the wall of the victim F.
Accordingly, the defendant stolen the victims' property.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement related to E, F, and G;
1. Seizure records;
1. Previous convictions indicated in judgment: The application of criminal records and investigation reports (report on confirmation of the person at the end of the punishment, and report on the same criminal records);
1. Articles 5-4 (5) and (1), and 329 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 10210, Mar. 31, 2010) concerning the relevant criminal facts;
1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;
1. Article 53 and Article 55(1)3 of the Criminal Code for discretionary mitigation provides that KRW 470,000,000,000, which was stolen by the Defendant, returned to the victim on the job, and KRW 130,000,00,000 was seized and temporarily returned, and the victims did not want the punishment of the Defendant, and are against their depth.