On March 8, 2002, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul District Court on July 22, 2003. On November 15, 2012, the Defendant was sentenced to three years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on November 15, 2012, and the said judgment became final and conclusive on the 23th day of the same month, and was sentenced to three years of imprisonment with prison labor for a habitual larceny from the said court on April 27, 2017.

5. 5. The judgment became final and conclusive.

The Defendant, as well as this, has been punished several times for the same crime, and is a person who has no certain occupation, and habitually;

1. On June 1, 2004, around 15:55, around 15:55, the victim was pretended to be a customer in the precious metal of the "E" in the operation of the D'E" in Jongno-gu Seoul Metropolitan Commercial Building located in Jongno-gu Seoul Metropolitan City, and the victim was able to find out a total of 1,00,000 won of the 14K 2-2 market price owned by the victim, which is placed in the display site by making use of a gap of surveillance and negligence in counseling with other customers;

2. Around 16:35 on the same day, around 16:35, the victim’s “G” was precious metals with the trade name “G” for the F operation of the store located in the said C, and the victim’s 14K gold wastes, which were placed in the display site, was stolen by citing the total amount of KRW 564,00,000.

Summary of Evidence

1. Statement by the defendant in court;

1. An investigation report (attaching a sentence attached to a judgment);

1. A certified copy of the Seoul Central District Court Decision 2017 Inventory12;

1. Habituality: Application of Acts and subordinate statutes to habituality is recognized in light of the records of crimes in the judgment and the contents thereof and the fact that the crimes of the same kind are repeated by a method similar to the short term;

1. Relevant provisions of the Criminal Act and Articles 332 and 329 of the Criminal Act concerning criminal facts (generally, the choice of imprisonment with prison labor);

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

1. Determination as to the assertion by the Defendant and the defense counsel under Article 39(1) of the Criminal Act regarding concurrent crimes

1. The Defendant’s summary of the assertion is as indicated in the judgment below. < Amended by Presidential Decree No. 28139, Apr. 27, 201