[2] On June 11, 2004, on October 28, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on February 6, 2013; on April 23, 2014, the Defendant was sentenced to imprisonment with prison labor for the same crime; on May 16, 2015, the execution of the final sentence was completed; on October 29, 2015, the Defendant was sentenced to imprisonment with prison labor for a crime of larceny at the Seoul East District Court on the same date; on October 28, 2011, the Defendant was sentenced to imprisonment with prison labor for a crime of larceny, etc. at the Seoul East District Court on the same date; on March 10, 2016, the Defendant completed the execution of the final sentence on August 17, 2016.

[2] Around 01:20 on September 25, 2016, the Defendant discovered that “D” parks located in Eunpyeong-gu Seoul Metropolitan Government, including cash 7,000 won, resident registration certificates, and the KB national card, etc., were placed on the part of the said park, and discovered that the Defendant laid down the plastic bags containing one of the instant park in which the market price is equivalent to KRW 100,000,00, and one of the 27,900, the market price of the instant park, and that the victim’s attention was neglected.

As a result, the defendant was sentenced twice or more to larceny, etc. and habitually commits larceny within three years after the execution of the sentence is completed.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. Voluntary accompanying report;

1. A protocol of seizure and a list of seizure;

1. A previous conviction: A written inquiry about criminal history and a criminal investigation report (a confirmation and investigation of suspect's prisoner's information);

1. Habituality: Application of Acts and subordinate statutes to the Act on the Aggravated Punishment, etc. of Specific Crimes, in light of the fact that a person committed the thief of this case at the same time after release, which has been punished several times due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes as stated in its holding;

1. Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, and Article 5-4 of the Criminal Act.