A defendant shall be punished by imprisonment for not less than one year and five months.

Punishment of the crime

[criminal power] The defendant was issued a summary order of 300,000 won by larceny at the Seoul Central District Court on June 2, 2005; on May 13, 2008, the same court issued a summary order of 300,000 won by the same crime; on June 11, 2009, the same court was sentenced to a suspended sentence of 10,000 won by imprisonment for the same crime; on November 19, 2009, the defendant was sentenced to a suspended sentence of 10,000 won by imprisonment for the same crime; on January 14, 2010, the same court was sentenced to a fine of 1 million won by the same crime; and on May 29, 2013, the larceny and eight crimes, such as the issuance of a summary order of 2 million won by the Seoul Northern District Court as a fine of 2 million won by the same crime.

【Criminal Facts】

At around 10:00 on November 26, 2013, the Defendant: (a) took the victim F’s 20km rice with the market price of KRW 45,000, which was 45,000 in front of the Seongbuk-gu Seoul Metropolitan Government, as his hand and stolen it; (b) cut off seven-time rice of the victim’s possession from around that time to February 10, 2014, as indicated in the attached list of crimes; and (c) attempted to steal the rice of the victim’s possession on the same seven occasions as indicated in the attached list of crimes; and (d) attempted to steal the rice of the victim’s possession by the same method around February 17, 2014.

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Investigation report (Attachment of cellphone images);

1. Investigation report (the attachment of photographs and videos);

1. Previous records: Criminal records and investigation reports (report on the same criminal records as the suspect);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned manner;

1. The Defendant again commits the instant crime even though he/she had the record of punishment for the same kind of crime under Articles 332, 329, and 342 (Selection of Imprisonment) of the Criminal Act, which covers the pertinent Article of the Criminal Act and the choice of punishment, and on the other hand, the instant crime appears to constitute a living-oriented crime.