[criminal power] On April 20, 198, the Defendant was sentenced to one year and six months of imprisonment for special larceny at the Daegu District Court, and on October 11, 200, the same court was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On September 10, 2004, the same court was sentenced to four years of imprisonment for the same crime. On August 24, 2016, the Defendant was sentenced to one year and six months of imprisonment with prison labor at the Ulsan District Court for larceny, etc. and completed the execution of the final sentence on November 12, 2017.

【Criminal Facts】

On September 6, 2018, at around 06:37, the Defendant discovered the victim R-owned wall bags in the Daegu North-gu P, Daegu-gu P, and stolen the victim’s cash of KRW 270,000,000,000 owned by the victim.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. AR statement;

1. A screen to which CCTV images are cut down;

1. Before the ruling: Criminal history records, investigation reports (Attachment of the same type judgment, etc.), printed matter of personal confinement status [the accused is punished as the crime of embezzlement of stolen if possession is not constituted a separate crime of larceny. The court legitimately adopted and examined evidence, and the following are acknowledged: ① the victim was aware that 3 minutes have passed since she has damaged the wall, and the victim returned to the place where she has damaged the wall because she has not passed since she was aware that she has damaged the wall; ② the defendant found the wall at her place and deducted cash only when she has been deprived of the wall, it is not the crime of embezzlement but the crime of larceny is established to deduct cash from the wall that the victim has diminished under his/her own possession]. The application of statutes is not the crime of embezzlement.

1. Article 5-4 (5) 1 and Article 329 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and the selection of punishment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [Article 53 and 55(1)3 of the Criminal Act]: Larceny under the Specific Crimes Aggravated Punishment Act [Article 1] joint habitual and repeated larceny.