Seized evidence1 to 3 shall be confiscated from the accused.

[Criminal Power] On January 25, 2002, the Defendant sentenced one year and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Seoul Central District Court on October 21, 2003, two years of imprisonment for the same crime at the same court, and three years and six months of imprisonment for the same crime at the Seoul High Court on April 15, 2010, respectively, and completed the execution of the sentence at the female prison on April 16, 2013.

【Criminal Facts】

On June 16, 2015, at around 03:30 on June 16, 2015, the Defendant was arrested as a flagrant offender by a police officer who received 112 report and arrested the victim as a flagrant offender, while the Defendant intruded into the said shop and tried to steal the victim’s property.

Therefore, even though the defendant was sentenced to imprisonment more than three times due to larceny, he again committed larceny during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of D police statement;

1. Each photograph;

1. Records of seizure, list of seizure and photographs of seized articles;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, results of search of prisoners, investigation reports (Attachment of judgment attached, and repeated crimes and confirmation);

1. Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 331 (1) of the Criminal Act concerning the relevant criminal facts, and Article 5-4 (5) and (1) of the Act on

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do148, Apr. 1, 201);

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommending punishment] : Type 1 (general and repeated larceny) (2 to 4 years) basic area (2 to 4 years) of habitual and repeated larceny / [decision of sentence] Defendant was living without criminal records for about two years after his/her release from prison, and due to his/her life, the instant crime was committed.