A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[criminal history] On April 30, 2009, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Cheongju District Court, and was sentenced to three years of imprisonment with prison labor for the same crime at the Daegu High Court on November 15, 2012, and was sentenced to two years of imprisonment with prison labor for habitual larceny from the vice branch of the Daegu District Court on February 16, 2016. On November 11, 2017, the Defendant was sentenced to imprisonment with prison labor for temporary larceny.

[ 범죄사실] 피고인은 2018. 1. 17. 10:28 경 대구 서구 C에 있는 피해자 D( 여, 52세) 이 운영하는 E 식당에 이르러, 피해 자가 위 식당 주방에서 일을 하고 있는 사이 그곳 테이블 위에 놓여 져 있던 현금 350만원, 주민등록증 1 장, 대구은행 통장 1개 등이 들어 있던 피해자 소유인 시가 250만원 상당의 샤넬 가방 1개를 가지고 가 절취하였다.

As a result, the defendant was sentenced to two or more penalties due to habitual larceny, etc., and again stolen the property owned by the victim within three years after the execution of the sentence is completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement of D;

1. A protocol of seizure and a list of seizure;

1. Previous convictions in judgment: A criminal report (verification of the same criminal records as the suspect), and a written reply to inquiry, such as criminal history (A);

1. Habituality of judgment: Application of Acts and subordinate statutes to a larceny shall be recognized in view of the fact that each crime under the judgment is committed again within a short time after the execution of the sentence is completed, and that the same kind of crime is repeated;

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to twenty-five years; and

2. Application of the sentencing guidelines [the type of larceny] There is no two types of larceny (the habitual repeated crime larceny) (the person who is subject to special sentencing) under the Specific Crimes Aggravated Punishment Act.