Text
A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
[Criminal Power] On January 24, 1991, the Defendant was sentenced to 15 years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Changwon District Court on February 6, 2007, and 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 Busan District Court on February 6, 2007, and on September 30, 2008, the Defendant was sentenced to four years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court
【Criminal Facts】
On June 24, 2013, around 03:30 on June 24, 2013, the Defendant opened a gate which was not corrected at the victim D’s house located at the Busan B2nd floor, and stolen the Defendant with a total of KRW 197,290,00,000, such as cash on the victim’s wall and cash on the shock, etc. located on the shock.
Accordingly, the defendant habitually stolen the victim's property.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Records of seizure and the list of seizure;
1. A report on investigation (Attachment, etc. ofCCTV photographs);
1. Previous records: Criminal records, etc. inquiry reports, certificates of confinement, and investigation reports (a copy of the judgment shall be attached);
1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the fact that the same kind of crime has been repeatedly committed within the short time after the execution of each crime, method of crime, frequency of crime, and final punishment is completed;
1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning criminal facts;
1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;
1. The reason for sentencing [the range of applicable sentences] under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the range of applicable sentences] is three to twenty-five years [the decision of applicable sentences] under Articles 55(1)3 of the Criminal Act, 3 to twenty-five years (the decision of applicable sentences], the larceny crime, the habitual repeated crime theft, and the first category (the general repeated offender) [the special offender].