[2] On February 2, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court, and on March 15, 2013, on January 21, 2015, the Defendant completed the execution of the sentence in a lawsuit against the first intersection of North Korean Branch on January 21, 2015. On November 3, 2015, the Defendant was sentenced to imprisonment with prison labor for a habitual larceny and completed the execution of the sentence in the former prison on January 23, 2017.

[2] On February 2, 2017, at around 10:29, the Defendant: (a) opened a steering door in front of the building of the Korean University of Foreign Language, which is located in Dongdaemun-gu, Seoul, Dongdaemun-gu, Seoul, in the street, that does not lock the C Poter; (b) carried the victim D’s bank 1, 1, 1, 1, and 1, and 3,50,000 won in total; and (c) carried the card 1,50,000 won in the market price.

As a result, the defendant was sentenced twice or more to larceny, and habitually stolen the victim's property within three years from the date on which the execution of the punishment is completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Investigation report (Comparison of the suspect's appearance);

1. The CD of the victim's criminal photograph and video data in the course of committing the crime;

1. Previous convictions: A written inquiry about criminal history, the current status of personal confinement, and each judgment;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the fact that a person committed the instant crime of the same kind again within a short time after the completion of the execution thereof, even though he/she had been sentenced several times of punishment for 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 (i.e., habitual larceny, the execution of which was completed on January 23, 2017)

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14488, Apr. 1, 201).