[2] On January 10, 2002, the Defendant was sentenced to a suspended sentence of two years for six months with prison labor due to larceny in the night building in the Dong branch of the Seoul District Court. On February 4, 2005, the Defendant was sentenced to a suspended sentence of six months with prison labor in the Seoul Central District Court for larceny, etc. on May 24, 2005. On April 27, 2006, the Defendant was sentenced to a suspended sentence of four months with prison labor in the Seoul Central District Court for larceny. On September 21, 2007, the Defendant was sentenced to a suspended sentence of six months with prison labor for larceny from its father branch of the Incheon District Court and was sentenced to a suspended sentence of one year and six months with prison labor for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Western District Court Branch on September 21, 2007. The Defendant was sentenced to imprisonment with prison labor from its father branch of the Incheon District Court on June 10, 2009>

[Criminal facts] On December 25, 2015, the Defendant entered the front of the “D church” located in Seongdong-gu Seoul Metropolitan Government, with the entrance door of the church opened in Seongdong-gu, Seoul, and subsequently stolen the Defendant with one set of Nowon-gu, the market price of the victim E, which was on his/her book, equivalent to US$ 130.

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written statement of victim E;

1. Previous convictions indicated in the judgment: Inquiry results, criminal history and other inquiry reports (Attachment to the judgment of the same kind of crime);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing habituality in light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Relevant provisions of the Criminal Act and Articles 332 and 329 (1) of the Criminal Act concerning the selection of criminal facts;

1. The defendant for sentencing Article 35 of the Criminal Act of aggravated repeated crimes has a record of serving several punishments and suspended sentence for the same crime.