[criminal history] On May 28, 2013, the Defendant was sentenced to eight months of imprisonment with prison labor for intrusion upon a structure at night, larceny, etc. at the Incheon District Court, and on July 3, 2014, the above court was sentenced to six months of imprisonment with prison labor for larceny, and on March 12, 2015, the Incheon District Court sentenced one year and six months of imprisonment with prison labor for habitual larceny, and completed the execution of the above punishment on July 25, 2016.

[2] On February 16, 2017, between 06:30 and 07:00, the Defendant discovered that the victim E was out of a second floor male body of “D Sarina” located in Gyeyang-gu Incheon Metropolitan City, with the victim’s market value of KRW 1,200,000,000 at the victim’s head and stolen the said smartphone.

Accordingly, the defendant was sentenced to imprisonment not less than three times with prison labor due to larceny, and has committed larceny again during the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Application of the Acts and subordinate statutes that cut off a Do private letter or image images;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 35 of the Criminal Act concerning the crime committed;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act - Reasons for sentencing under Article 55(1)3 of the Act on Reduction of Quantity - Unfavorable circumstances: The same type of crime before and after the previous conviction, and the period of repeated crimes; - favorable circumstances: the defendant recognized the crime, while the defendant recognized the crime, and returned the damaged goods.