[criminal power] On November 10, 201, the Defendant was sentenced to two years and six months of imprisonment with prison labor for special larceny in the Busan District Court, and on June 17, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny and special larceny in the Ulsan District Court, Ulsan District Court on April 14, 2016, and was sentenced to nine times of total records of the punishment for larceny.

【Criminal Facts】

On June 10, 2016, at around 01:16, the Defendant attempted to open the rear door of “E” located in Kimhae-si, operated by the Victim C, and lost, the Defendant removed the rear window by hand, and intruded into the inside, and carried out tasks, such as a spathing, distribution, and apology, equivalent to KRW 4-50,00,000, which was in the display stand.

Accordingly, the defendant habitually intruded a structure at night and stolen another's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A screen of CCTV images to be cut;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, investigation reports (lists of suspect-related cases and reports on attachment of the same military records);

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. Relevant Article of the Criminal Act and Articles 332 and 330 of the Criminal Act concerning the selection of criminal facts;

1. A prosecutor to determine the confiscation of Article 35 of the Criminal Act among repeated offenders is seeking the confiscation of evidence Nos. 3, 8, and 11 of the Criminal Act; however, since the list of seizure is not submitted as evidence, it is not possible to specify the subject of confiscation, the confiscation shall not be sentenced.

Reasons for sentencing

1. Scope of punishment by law: Imprisonment with prison labor for not more than 30 years;

2. Although the Defendant had been sentenced to punishment for the same crime several times, he/she again committed the thief crime of this case in approximately two months after being released from prison.

However, the fact that the defendant recognizes a crime and the amount of damage is not significant is favorable to the defendant.