[Criminal Power] On June 25, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for habitual larceny at the Ulsan District Court, and on June 23, 2016, the Defendant was sentenced to three years of suspension of the execution of imprisonment with prison labor for habitual night building intrusion larceny at the Busan District Court on June 23, 2016. On August 9, 2017, the Defendant was sentenced to ten months of imprisonment with prison labor for larceny, etc. at the Changwon District Court on April 18, 2018 and is currently under the period of repeated crime.

【Criminal Facts】

On January 19, 2019, at around 09:45, the Defendant: (a) found the victim’s “D store” in the operation of the victim C, which is located in the public city B, from around 09:45 to around March 9, 2019, and caused the victim to find out the credit account books by pretending to be the customer, and (b) caused the victim to find out the credit account books; (c) taken out the white bags containing KRW 1,200,000 in cash within the bank owned by the victim at the same time; and (d) stolen the property owned by the victims in total nine times from August 9, 2018 to March 9, 2019, including the list of crimes.

Accordingly, the defendant was sentenced to imprisonment not less than three times due to larceny, etc., and stolen the victims' property again during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each statement of C, F, G, H, I, J, K, and L;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (the facts during the repeated period and reports on the same records);

1. Although the prosecutor under Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes under Article 5-4(5) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act seek for the aggravation of repeated crimes under Article 35 of the Criminal Act, it is reasonable to view Article 5-4(5) of the Act on the Aggravated Punishment, etc. of Specific Crimes as “where there is any special provision in the relevant Act” in relation to the provision of repeated crimes under the proviso of

1. Article 37 of the Criminal Code among concurrent crimes.