Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

[criminal records] On June 21, 2012, the Defendant was sentenced to one year and six months of imprisonment with prison labor for larceny, etc. at the Ulsan District Court on September 27, 2013 and 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 in the same court on September 17, 2013. On December 17, 2015, the same court was sentenced to one year of imprisonment with prison labor for habitual larceny, etc. and completed the execution of the sentence in Busan District Court on August 28, 2016.

[Criminal facts]

1. On October 31, 2016, a prosecutor indicted of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) No. 1 of the judgment (thief) as to the act referred to in paragraph (d) of Article 1 as the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) due to the larceny (stief District Court 2016 order 3715 order, and 2017 order 11 of the same court after the cultivation) and subsequently prosecuted of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes due to the habitual larceny (thief) on December 22, 2016, as to the act referred to in paragraph (d) of Article 1 as stated in the judgment of the court below, a prosecutor who was tried by the aforementioned two concurrent cases and applied the Act as a comprehensive violation of the Act or a comprehensive violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief).

On the other hand, the following facts are considered to constitute a single offense. The prosecutor’s application for changes in indictment made on January 20, 2017 for the amendment of indictment made on January 20, 2017 is deemed to mean adding and supplementing some of the crimes omitted in the single offense. Therefore, it is reasonable to make a substantial judgment on the whole criminal facts charged before and after (see, e.g., Supreme Court Decision 2007Do2595, Aug. 23, 2007). Therefore, the defendant is regarded as a single offense of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny).

A. On October 2, 2016, the Defendant ordered food by entering a restaurant operated by D (V, 68 years of age) located in Ulsan-gu, Ulsan-gu, Seoul, as if he were customers, at around 17:00.