A defendant shall be punished by imprisonment for not less than two years and six months.

Punishment of the crime

[Criminal Power] On May 14, 2009, the Defendant sentenced two years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court on May 14, 2009, two years of imprisonment for the same crime at the same court on May 7, 2012, and three years of imprisonment for the same crime at the same court on July 1, 2016, and completed the execution of the sentence on April 16, 2019.

【Criminal Facts】

At around 23:00 on May 2, 2019, the Defendant: (a) intruded the victim C’s house located in Young-gu, Busan Metropolitan City, through an open door; (b) cut off the property amounting to KRW 1,820,000 on a total of four occasions from the time on June 1, 2019, consisting of 5,000 won of the victim’s ownership and 20,000 won of the market price; and (c) cut off the property amounting to KRW 1,820,000 on a total of four occasions, as shown in the list of crimes.

As a result, the defendant was sentenced to punishment twice or more due to larceny, etc., and has committed habitual larceny again within three years after the execution of the sentence is completed.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Each statement of E and F;

1. Each protocol of seizure and the list of seizure;

1. A copy of the current status of documentary evidence, suspect's oil photographs, on-site photographs, and the sales license for women;

1. Report on occurrence (thief), investigation report (Recovery of damaged articles), report on occurrence (thief)-victim E, report on occurrence (thief)-victim F;

1. Previous records of judgment: Criminal records, etc. inquiry reports and investigation reports (report on habitual review of larceny of a suspect);

1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing the theft behavior in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 330 of the Criminal Act concerning the crime;

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

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act are advantageous to discretionary mitigation.