On July 26, 2012, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. by the Changwon District Court. On April 29, 2014, the Defendant was sentenced to eight months of imprisonment for larceny, etc. by the same court. On June 2, 2015, the Defendant was sentenced to two years of imprisonment for larceny, etc. by the Changwon District Court’s Musan branch. On February 6, 2018, the Defendant was sentenced to two years and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. by the same court on April 24, 2020.

At around 09:40 on July 30, 2020, the Defendant stolen it with a handbag in the “D” restaurant for the operation of the Victim C located in Changwon-si, Changwon-si, Masan-si, with a cash of KRW 4 million owned by the victim and KRW 1.5 million, which had been kept in the following parts of the victim’s supervision mispercing the victim’s negligence, and with a cash of KRW 4 million and KRW 1.5 million, with a gift certificate of KRW 1.5 million.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports on the C’s written statement (Attachment of CCTV images) and investigation reports on the list of seizure and list of seizure (Attachment of photographs of seized objects);

1. Previous records of judgment: Investigation reports (verification of suspect records and repeated crimes), criminal records, and application of 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 does not apply to Article 35 of the Act on the Aggravated Punishment, etc. of Specific Crimes [Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes]. As such, Article 8 of the Criminal Act (general provisions of this Act shall apply to the crimes

Provided, That this shall not apply where otherwise provided in that Act.

(1) Under the proviso, it is reasonable to interpret that the statutory penalty cannot be aggravated for repeated crime under Article 35 of the Criminal Act.

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of punishment by law: Imprisonment;