[Criminal record] On June 14, 2013, the Defendant was sentenced to three years of imprisonment with prison labor for a crime of violation of the Act (thief) imposed on the aggravated punishment, etc. of specific crimes at the Jung-gu District Court, and completed the execution of the sentence at a military prison on February 23, 2016.

[2] In a situation where the Defendant was unable to discern things or make decisions due to a mental delay (class 2 of intellectual disability), the Defendant committed a theft with one copy of the victim’s verification MOC wall, which contains the victim’s 400,000 won cash on the table table, foreign exchange cards, national cards, etc., while receiving counseling from the victim E at the counseling room located in the Dong-gu Busan-dong, Busan-gu, Busan-gu, around August 8, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Police seizure records and list of seizure;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries, such as the sentence, expropriation status of each individual, criminal history, etc.;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

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

1. Reasons for sentencing under Articles 10(2) and 55(1)3 of the Criminal Act to mitigate mental and physical weakness;

1. The scope of punishment by law: Imprisonment with prison labor for not more than six years;

2. Application of the sentencing criteria;

(a) Determination of types: thief crimes, theft against general property, and second types (general larceny);

(b)Special sentencing factors: mitigation factors - mental and physical weakness, aggravated factors - identical repeated crimes;

(c) Scope of recommendations: Basic area, six months to one year and six months; and

3. Determination of sentence: One year of imprisonment with prison labor has a lot of records of being punished for a thief crime; one year of imprisonment with prison labor has a lot of records of being sentenced to punishment for a thief crime; and the appeal court is currently pending after being sentenced to a fine of KRW 10 million on June 30, 2016 on the ground of the fact that the defendant stolen another person's wallets and stolen the goods by using a credit card in that case after the execution of the sentence of the thief crime, such as the first head recorded in the judgment, was completed.

Nevertheless, the defendant was released after being sentenced to the first instance judgment.