The seized evidence No. 1 through No. 4 shall be returned to the victim.

[2] On January 27, 2012, the Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Gangwon District Court's Gangwon Branch on November 29, 2012, and two years and six months from February 3, 2017 to an attempted larceny at the Seoul Central District Court, and completed the execution of the final sentence on February 12, 2017.

[2] On February 22, 2018, the Defendant: (a) at the “E” restaurant operated by the victim D in South South Korea on February 15:14, 2018; (b) at the “E” restaurant operated by the victim D; (c) at the front of the calculation unit, 1.2 million won in cash, which was on the victim’s list; (d) 50,000 won in the face-to-face check; (e) five gold-to-face in an amount of KRW 2 million in the market price; (e) two gold-to-face in an amount of KRW 2 million in the market price; and (e) one gold-to-face in an amount of KRW 4 million in the market price; and (e) one cell phone in an amount of KRW 8,900,00 in the market price.

Accordingly, the defendant was sentenced to imprisonment not less than three times with prison labor due to larceny, and is punished by larceny again during the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Police seizure records;

1. Records of judgment: Application of criminal history inquiry and investigation reports (verification of the period of repeated crime, the same kind of imprisonment, etc.) Acts and subordinate statutes;

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

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Reasons for sentencing under Article 333(1) of the Return Criminal Procedure Act [the scope of recommendation] The mitigation area (one-year to two-years), reduction area (one-years and six-years) under the Specific Crimes Aggravated Punishment Act (joint larceny) [the decision of a special mitigation person] is not subject to punishment (the decision of a sentence] as stated in the judgment, and the defendant was sentenced several times for the same crime as stated in the judgment, and even during the repeated crime period.