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

Punishment of the crime

[criminal record] On January 13, 2012, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny at the Incheon District Court, and on November 14, 2012, the same court was sentenced to one year and six months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief). On June 10, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor for larceny, etc. at the Jung-gu District Court Goyang Branch Branch, and completed the execution of the sentence on January 24, 2017.

[Criminal facts]

1. On October 4, 2017, around 17:37, the Defendant: (a) laid down goods in the “D” operated by the victim C in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu; and (b) laid down the gaps in which surveillance was neglected; (c) 14K ebbs equivalent to KRW 170,000 in the market price owned by the victim, which was placed in the display site at that place; and (d) stolen them.

2. On February 4, 2018, around 15:14, 2018, the Defendant: (a) committed a theft of the said goods by taking advantage of the gaps where the victim G was a manager of the said site in Geumcheon-gu Seoul E-2’s second floor F store due to the congested customers by the victim G was neglected due to the mispercing of a locked caution; and (b) putting one verification color b49,000 won at the market price displayed in the said store as its hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reports on internal accidents (the details, etc. of the detection of damaged articles);

1. G statements;

1. Photographss of each damaged article, photographs of a place where the damaged article was hidden, and photographs of each CCTV image CD;

1. Previous convictions in judgment: A criminal investigation report (verification of the same criminal suspect's records, etc.), inquiry statement, such as criminal history, and application of Acts and subordinate statutes on personal confinement;

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 as prescribed in the corresponding Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

1. The Defendant and the defense counsel regarding the assertion of the Defendant and his/her defense counsel under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount (i.e., sentencing in consideration of the following sentencing, etc.), and the Defendant and the defense counsel at the time of committing the crime on October 4, 2017.

One of the arguments, this Court.