On May 18, 2007, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Central District Court. On December 27, 2012, the Seoul Central District Court sentenced three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the thief). On September 1, 2015, the Defendant habitually stolen the victims’ property.

1. On June 24, 2017, around 06:10, the Defendant, at the same time, visited the victim who was unable to know his/her name that he/she was seated in the former train due to the influence of alcohol in the subway 6 subway line located in Yongsan-gu, Yongsan-gu, Seoul, Yongsan-gu, Seoul, in the front-gu 177, and carried out a mobile phone 1,58,000 won at the market price of the victim’s ownership that was placed adjacent to the gallon-si.

2. On June 24, 2017, the Defendant, at around 06:40, 06:40 on the platform of the Taewon Station set forth in the above paragraph (1), she, while under the influence of alcohol, accessed the victim’s name, who was in a passage in the platform, and was unable to know his/her name, was approaching the victim’s will, and went to a mobile phone with one of the “TWncom’s market price equivalent to KRW 4.50,000,00

3. On June 24, 2017, at around 06:45, the Defendant, at around 06:45, accessed a victim’s name, who was in the front-time seat in the knee-dong vehicle due to alcohol in the fel-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-based (hereinafter “AF-dong-dong-

4. On June 24, 2017, the Defendant, around 07:10, carried 7 mobile phones equivalent to KRW 9.80,00,00 in the market price of the victim’s possession in the manner that he/she was drunk in the front line of the subway 6 lines located in Jongno-gu Seoul, Jongno-gu, Seoul, in the front line of the subway 112, and was seated in the front line in the front line of the train, and was seated in the front line of the train, and brought about a cell phone with the victim’s cell phone located in his/her seat.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Police seizure records;

1. Investigation report (No. 2 No. 13 of evidence list), investigation report (hereinafter referred to as the dynamic image in which a suspect steals a mobile phone), investigation report (three Handphones where the victim who stolen a mobile phone is unknown), investigation report (the victim's search against three Handphones which are damaged goods), investigation report (the result of a request for the provision of communications data), and investigation report (the result of a request for the provision of communications data);

1. Previous convictions in the judgment: A investigation report (the result of a suspect's search), criminal records, etc. inquiry reports, personal confinement status, written judgments, etc.;

1. Habituality of judgment: Recognition of dampness in light of the records of each crime, the method and frequency of crimes, the number of crimes and the same kind of crimes committed several times in the judgment;

Application of Statutes

1. Article applicable to criminal facts;

Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act [Attachment to the Act on the Aggravated Punishment, etc. of Specific Crimes, which ends on September 12, 2015]

Reasons for sentencing

1. The scope of punishment by law;

Imprisonment with prison labor for not less than three years nor more than 50 years;

2. Scope of recommended sentences according to the sentencing criteria;

[Determination of Punishment] thief under the Specific Crimes Aggravated Punishment Act (Habitual thief)

[Special Convicted Persons] None of the relevant matters

[Scope of Recommendation] Imprisonment of not less than two years but not more than four years (Basic Area)

3. Determination of sentence;

The following circumstances shall be taken into consideration, and the defendant's age, health, character and conduct, criminal record, family relation, family environment, the circumstances, motive, means and result of the instant crime, and the circumstances before and after the instant crime, etc. shall be determined by taking into consideration various factors of sentencing as ordered.

○○ Unfavorable Circumstances: The Defendant stolen the cellular phone of those who are drunkly under the influence of alcohol several times in a short time. In light of the method of crime and the frequency of crimes, etc., the nature of the crime is not good. Furthermore, even though the Defendant had had been punished for the commission of larceny over several occasions, the Defendant repeated the larceny of the same law as that of the transfer during the period of repeated crime. The strict punishment against the Defendant is inevitable. The Defendant did not pay damages to the victims.

The circumstances favorable to ○: The Defendant recognized all the criminal facts of the instant case and reflected his mistake. As a result, all damaged goods were seized, and the Defendant seems to have no benefit to obtain by the instant crime.

Judges Man-ho

Judges Han Han-chul