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A defendant shall be punished by imprisonment for four years.
Reasons
Punishment of the crime
[criminal power] On March 10, 2005, the Defendant was sentenced to imprisonment for one year and six months with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daejeon District Court, and two years for the same crime at the Southern District Court Branch of the Jeonju District Court on July 24, 2007. On June 17, 2009, the Defendant was sentenced to three years for imprisonment with prison labor for the same crime in the Daejeon District Court’s official labor branch on May 3, 2012 and was sentenced to ten times for the same criminal records.
【Criminal Facts】
피고인은 2013. 3. 28. 10:50경 충남 부여군 C에 있는 피해자 D의 집에 이르러 시정되어 있지 아니한 샷시 문을 열고 들어간 다음 대문 옆에 놓여 있던 가위를 방문 틈에 밀어넣는 방법으로 방문을 열고 방 안으로 들어가 장롱 안에 있던 피해자 소유의 현금을 절취하려 하였으나 피해자에게 발각되어 그 뜻을 이루지 못하고 미수에 그쳤다.
Accordingly, the defendant habitually attempted to steal the victim's property and attempted to do so.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Records of previous convictions: Criminal records and other inquiries, investigation reports (Attachment to the same type of crimes), copies of the judgments (No. 2009No224), copies of the rulings (No. 2009No224), copies of the rulings (No. 2007No. 364 of the Daejeon High Court), copies of the rulings (No. 2003No. 364 of the Daejeon District Court Act), copies of the rulings (No. 2003No598 of the Daejeon District Court Act), copies of the rulings (No. 2003No598 of the Daejeon District Court Act), copies of the rulings (No. 2001No649 of the Jeonju District Court Act), reports on criminal investigations (No. 2001No550 of the Jeonju District Court Act), reports on the date of release, reduction
1. Habituality: The defendant has been punished several times due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; the defendant repeatedly committed the same kind of crime with about 10 months after being sentenced to imprisonment with prison labor for the same kind of crime; and the thief who was sentenced prior to the instant case.