On November 25, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny in Seoul Southern District Court, and on March 28, 2017, the same court was sentenced to four months of imprisonment with prison labor for the same crime. On October 11, 2017, the same court was sentenced to six months of imprisonment with prison labor for larceny, etc. on March 27, 2018 and completed the execution of the sentence on March 27, 2018 and the same criminal records were more than 13 times.

Criminal facts

피고인은 2018. 3. 31. 23:17 경부터 23:40 경까지 사이에 서울 금천구 C에 있는 D 2 층에 있는 피해자 E(28 세) 의 식료품 매장에 들어가, 시가 12,000원 상당 미니 족발 1 팩, 시가 1,190원 상당 좋은 데이 소주 1 병, 시가 2,190원 상당 풀무원 깻잎 무 쌈 1개, 시가 6,990원 상당 ‘ 소문 난 산청, 거창, 담’ 딸기 1 팩, 시가 2,990원 상당 블루 베리 1개, 시가 7,990원 상당 남해안 멸치 1개 등 피해자의 시가 합계 33,350원 상당의 재물을 옷 속과 주머니에 넣어 가지고 나와 절취하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements and photographs of damaged articles;

1. Investigation report (a statement by a victim and CCTV image analysis);

1. A investigative report (related to a receipt of damaged goods), and a receipt;

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history, (A), a criminal investigation report (Attachment to imprisonment with prison labor of the same kind as the suspect), and the application of Finin 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 for aggravated repeated crimes;

1. The crime of this case on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment is inevitable to have committed the crime of this case during the same repeated crime period.

In addition, there is a history that one defendant has been punished for larceny several times, and that the statutory penalty is increased by the special law is disadvantageous.

However, the fact that the defendant's mistake and reflects, the damage is minor, and the age, sex, family environment, circumstances of the crime, and after the crime is committed.