Text
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
On August 10, 2011, the Defendant was sentenced by the Incheon District Court to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on the Aggravated Punishment, etc. of Specific Crimes and was sentenced to imprisonment for one year and six months on January 2, 2013, and had two criminal records of the same kind in addition to the completion of the execution of the sentence
At around 17:30 on November 29, 2013, the Defendant: (a) cut off and stolen electric wires with approximately 25 km of cable controlled by the victim E entering the storage of materials located in Bupyeong-gu Incheon, Bupyeong-gu; (b) around 12:30 on December 31, 2013, the Defendant used approximately 10,000 electrical wires owned by the victim Korea Electric Power Corporation, which was connected to the above address from the telegrams to the above address; (c) cut and cut off them to a nicker with approximately 50 cm amounting to KRW 10,000,000 in the market price of the victim Korea Electric Power Corporation, which was connected to the above address; and (d) on March 25, 2014, the Defendant used the victim’s safety electric wires located in the middle school located in Incheon Bupyeong-gu, Incheon, at KRW 27,00,000 in front of the victim’s street.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to E, H and I;
1. Photographss of damaged articles, photographs of damaged articles, etc., scene, and seized articles;
1. Records of seizure and the list of seizure;
1. Before judgment: Each reference to criminal records, each investigation report, and the current status of personal identification and confinement;
1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;
1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act, comprehensively including the relevant Article of the Act on the Punishment, etc. of Specific Crimes and the choice of punishment;
1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant committed the same kind of crime during the period of repeated crime.