[criminal history] On April 16, 2009, the Defendant was sentenced to three years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Southern District Court, and on November 8, 2012, the same court was sentenced to three years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On July 14, 2016, the same court was sentenced to two years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the same court around March 16, 2018.

[2] On April 20, 2018, the Defendant: (a) around 06:10 on April 20, 2018, at the victim D’s house located in Guro-gu Seoul Metropolitan Government, opened a 1st floor window through the victim’s house, and entered the house, and owned the house, and had a flag with a face value of 400,000 won at the market price of 350,000 won, which includes one flag license, etc.

As a result, the defendant was sentenced to punishment twice or more due to larceny, etc., and habitually stolen the victim's property within three years after the execution of punishment is terminated or exempted.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographs of damaged articles;

1. Previous convictions in judgment: A response to inquiries, such as criminal history, reports on criminal investigations (A), and documents attached thereto;

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the fact that each crime was committed in the judgment, the method of crime, and the short period after release, committed the same kind of crime;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing)

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year and six months from one year to twenty-five years;

2. The scope of punishment recommended on the sentencing criteria [the type of larceny] shall be the larceny under the Specific Crimes Aggravated Punishment Act.