[criminal history] On July 23, 2008, the Defendant was sentenced to one year of imprisonment with prison labor for night intrusion larceny, etc. at the Seoul Central District Court, and on June 21, 2018, the Defendant was sentenced to one year and six months of imprisonment with prison labor for night intrusion larceny, etc. at the Seoul Southern District Court on April 16, 2019. On August 31, 2020, the Defendant was sentenced to one year and six months of imprisonment with prison labor for night intrusion larceny, etc. at the Seoul Southern District Court, and was sentenced to eight times in total.

[Criminal facts] The Defendant, while drinking alcohol together with the victim D (the remaining, 57 years of age) at the “C” drinking house located in B, 2020. 6. 6. 23:25 on October 6, 2020, 300,000 won of the said cash in cash using the gap in the toilet.

As a result, the theft was committed.

Therefore, even though the defendant was sentenced to imprisonment more than three times due to larceny, he stolen another's property during the repeated crime period.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A report on internal investigation (in-depth investigation, such as site conditions);

1. On-site photographs;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (report on confirmation of the past criminal history of the same kind), release certificate, and confinement certificate-related Acts and subordinate statutes;

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

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

1. The Defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment, was punished for larceny several times, as in the judgment of the court below.

Defendant committed any contingent crime under the influence of alcohol.

Although no agreement has been reached, the amount of damage is not very significant.

In addition, the defendant's age, sex, environment, motive, means and result of the crime, and the circumstances after the crime, etc., all the sentencing conditions specified in the arguments in this case shall be determined in the same manner as the order.