A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[criminal power] On September 10, 2004, the Defendant was sentenced to one year and six months of imprisonment with prison labor for larceny, etc. at the Daegu District Court. On June 22, 2006, the Defendant was sentenced to one year and six months of imprisonment with prison labor for special larceny. On June 10, 2010, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Daegu District Court’s Branch on April 26, 2013, and completed the execution of the sentence at the Daegu Detention District Court on February 6, 2016.

【Criminal Facts】

피고인은 2019. 1. 23. 01:44경 대구 수성구 B에 있는 피해자 C이 운영하는 ‘D 철학원’에 이르러 출입문 자물쇠를 쇳덩어리로 뜯고 침입하여 그곳 책상 서랍에 있는 피해자 소유인 시가 40만 원 상당의 금반지 1개, 시가 30만 원 상당의 기문둔갑(역술관련교재) USB 저장장치 1개, 시가 15만 원 상당의 육임두수(역술관련교재) USB 저장장치 1개 및 1만원 상당의 동전을 가지고 나와 야간에 건조물의 일부를 손괴하고 침입하여 피해자 소유인 시가 합계 86만 원 상당의 재물을 절취하였다.

Accordingly, the defendant, who was sentenced to imprisonment not less than three times due to theft, etc., stolen another's property within three years after the execution of the sentence is completed.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of C and E;

1. Seizure records;

1. On-site reports (Attachment of photographs by on-siteCCTV investigation and caps);

1. Investigation report (the counter-investigation of the front party and the appendix of photograph);

1. Previous convictions indicated in judgment: Application of criminal history records, investigation report (examination of whether the Act on the Aggravated Punishment, etc. of Specific Crimes is applied);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 331 (1) of the Criminal Act concerning the crime committed;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of recommendations according to the sentencing criteria;