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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
On November 29, 2012, the Defendant was sentenced to ten months by imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on November 29, 201, and one year by imprisonment with prison labor at the Suwon District Court on January 17, 2014 and completed the execution of the sentence on November 21, 2014, the same power is more than six times.
On December 31, 2014, at around 01:40, the Defendant entered the Seoul Jongno-gu Seoul Metropolitan Government Underground Parking Lot. In addition, the Defendant opened an emergency stairs door and intruded into the said building through emergency stairs, and around 04:30 on the same day, the first floor of the said building operated by the victim D, “E” 40,900 won of cash (Idem) owned by the victim, and one precious metal case, and one test color room.
Accordingly, the defendant habitually intruded a structure at night and stolen another's property.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Seizure records;
1. Previous records of judgment: Criminal records, inquiry reports and investigation reports (a). Attachment of criminal records, etc.;
1. Habitualness: Application of the Acts and subordinate statutes recognizing dampness in light of the fact that the defendant had been punished several times due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., recognized as above, and that the defendant again committed the same kind of crime within the short
1. Articles 332 and 330 of the Criminal Act applicable to the crimes;
1. The reason for sentencing Article 35 of the Criminal Act among repeated crimes is that the defendant has been punished several times for the same crime.
In particular, considering the fact that the Defendant is a repeated offender who committed the instant crime even before two months have passed since he was sentenced to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief).
However, the damage of the instant case was entirely recovered, and it is difficult to deem that the damage was significantly incurred.
The frequency of crime is only one time.
In addition, there is a fluoral disease.