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

Punishment of the crime

On June 20, 200, the Defendant was sentenced to imprisonment with prison labor for special larceny at Seoul High Court on June 20, 200, 10 months from the imprisonment with prison labor for larceny at the Seoul District Court on June 4, 2002, 10 months from the imprisonment with prison labor for special larceny; 10 months from the imprisonment with prison labor for special larceny; 1 year and six months from the imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Central District Court on October 18, 2006; 1 year and six months from the imprisonment with prison labor for the same crime at the same court on May 29, 2008; and on June 7, 2010, the execution of the punishment was completed on August 11, 2013 after being sentenced to three years and six months from the imprisonment with prison labor for robbery as a crime of robbery and injury.

On January 25, 2014, at around 00:25, the Defendant 00:25, boarded the 261-dong-gu Incheon Incheon Metropolitan City 261, and discovered that the victim C was under influence of alcohol and damaged the Handphones, etc. to the floor, while passing the section between Dong Mancheon and Incheon Station, and carried out a Handphone case containing Samsung 3 smartphone, a new bank credit card, and a Handphone in which the market value of the victim was equivalent to one million won away from the floor.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

Defendant’s legal statement

Habitualness of C as indicated in the record of seizure of the police statement, list of seizure, photographic investigation report (absent of a crime and a place of arrest): Criminal investigation records, investigation reports (absent attached to a judgment), investigation records, investigation reports (absent attached to a judgment), and personal identification and confinement status: The defendant has been punished several times by larceny against prisoners in subway trains, etc.; however, the defendant has repeatedly committed the crime of this case under several Acts only five months after he/she was punished by robbery during the robbery of the same law, and in light of the records of each of the crimes, the number of crimes, and the frequency of crimes, etc. of the judgment, the criminal records can be recognized.

Application of Statutes

Article 36 of the Act on the Punishment of Criminal Crimes

In addition, Articles 332 and 329 of the Criminal Code of the choice of punishment are Article 35 of the Criminal Code from among repeated offenders (the choice of imprisonment), Article 35 of the Criminal Code.