Text
A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
[Criminal Power] On May 17, 2005, 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 at the Suwon District Court on December 7, 2007, and three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on December 7, 2007. On October 24, 2011, the Suwon District Court sentenced three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence on April 11, 201,
【Criminal Facts】
At around 15:50 on May 7, 2014, the Defendant ordered the victim from “F” operated by the victim D (E) in Seongbuk-gu Seoul, Seongbuk-gu, to dynaf, etc., and dynaf, etc., the Defendant placed six dynafs in the Defendant’s clothes, where the victim was in display stand by taking advantage of the gaps in which the victim had the victim found the above goods, and put six dynafs in the Defendant’s clothes.
Accordingly, the defendant habitually stolen the victim's property.
Summary of Evidence
【Criminal Facts in the Market】
1. Defendant's legal statement;
1. Each police statement concerning D;
1. Seizure report (criminal records on the market);
1. Criminal history records, reply reports (A) and current status of personal arrest and confinement of each individual;
1. Application of Acts and subordinate statutes to recognize the habit of larceny in light of the fact that each criminal history of the judgment was committed, the same kind of crime was committed within a short time after release, and the similarity of criminal law;
1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act 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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)
1. Scope of applicable sentences under law: Imprisonment for three years to twenty-five years; and
2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] shall be the basic area [decision of the recommended area] of types 1 (general habitual and repeated larceny) (decision of the recommended area].