[criminal power] On December 11, 2003, the Defendant was sentenced to a suspended sentence of 8 months for larceny, etc. on December 28, 2006 at the Daejeon District Court Seosan Branch. On December 28, 2006, the same court was sentenced to a suspended sentence of 10 months for larceny, etc., and sentenced to a suspended sentence of 1 year and 6 months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on November 14, 2008. On March 23, 2012, the Defendant was sentenced to a imprisonment of 8 months for larceny and completed the execution of that final sentence on October 19, 2012.

【Criminal Facts】

On December 25, 2012, at around 10:30 on December 25, 2012, the Defendant: (a) habitually entered the victim D’s house located in Chungcheongnam-gun, Chungcheongnam-gun; (b) and (c) stolen Samsung C’s mobile phone devices worth Samsung 460,000 won at the market price on the book of the book.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police on D;

1. Each description of the requests for charges for mobile phones and the details of the use of mobile phones;

1. Criminal records as stated: A written inquiry inquiry report and each investigation report, including criminal records;

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing the habition of larceny in light of the criminal records, motive and method of crime, period of recidivism, etc.;

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

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 punishment: Imprisonment for one year and six months to twenty-five years (Selection of imprisonment, aggravation of repeated crime, and mitigation of punishment);

2. Sentencing Criteria [Determination of Punishment] Group of thieves, Type 1 (General Habitual Larceny) of Habitual thieves (Scope of Recommendation Punishment): Imprisonment with prison labor for a year and six months to three years: No special weight of punishment is available;

3. Determination of sentence: The case in which the defendant was sentenced two times for the same crime, even though he was sentenced two times for imprisonment and one year and six months, is again during the period of repeated crime;