[criminal history] On February 12, 2010, the Defendant was sentenced to three years by imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Changwon District Court on May 9, 2013, and was sentenced to three years by the Changwon District Court for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Changwon District Court on May 9, 2013, and completed the execution of the sentence in Jinju prison on March 31, 2016, and had a total of 10 criminal records.

[2] On April 4, 2016, around 17:20, the Defendant provided alcohol to the victim at the “E main store” operated by the victim D (M, 49 years of age) located in Seongbuk-gu, Sungwon-si C commercial building 3, Sungwon-si, 2016, and cited one color tag as soon as it is impossible to identify the market price of 300,000 won in cash, the victim was placed in the main room using the creb in a locking place.

As a result, the Defendant was sentenced to more than twice of larceny, and was habitually stolen the victim's property within three years after the execution of the punishment was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site and suspect photographs;

1. Previous records: A reply to inquiry, such as criminal records, a criminal investigation report (including attachment of recent records by the suspect and accompanying documents), and a result of search of prisoners;

1. Habitualness: In light of the fact that the defendant had several criminal records of the same kind, and the defendant committed the same kind of crime again within the short time after being released from the prison, it is recognized that the theft habit has been committed repeatedly.

Application of Statutes

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime;

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

1. The scope of applicable sentences by law: Imprisonment for not less than three years nor more than 50 years; and

2. As the Act on the Aggravated Punishment, etc. of Specific Crimes for which the sentencing criteria are not applied was amended by Act No. 13717 on January 6, 2016, the composition requirements and statutory penalty under Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes were modified.