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

Punishment of the crime

[Criminal Power] On November 22, 2011, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Central District Court on July 24, 2015, ten months of imprisonment for a habitual larceny, and two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the same court on April 13, 2017. On January 21, 2019, the Defendant completed the execution of the final sentence in the Chuncheon Prison.

【Criminal Facts】

On June 6, 2019, at around 00:05, the Defendant, within the subway station of subway No. 4, which arrives underground 486-1, in the Dowing Station of Dobong-gu Seoul, Seoul, brought a theft by taking one of the mobile phones owned by the victim, which is equivalent to one million won in the market value located in the front floor of the victim, in the subway No. 486-1, which arrives at the two-line stations of subway No. 4, the underground of Dobong-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Other closure photographs;

1. Reports on internal investigation (to hear statements by telephone of a victim);

1. Previous records: Application of criminal records, inquiry reports, investigation reports (Attachment to judgments of the same kind to the accused and confirmation of repeated crimes) and statutes;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act and the choice of imprisonment for the crime;

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

1. In light of the following facts: (a) the scope of recommendation [decision of types] according to the sentencing guidelines for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation; (b) the scope of larceny under the Specific Crimes Aggravated Punishment Act [Type 1]; (c) joint habitual and repeated larceny [the scope of recommendation and recommendation]; (d) the basic area of the crime of larceny [the scope of recommendation and recommendation]; (e) the decision of the sentence of one year and six months to three years has passed since the defendant repeatedly released from the act of theft; and (e) the defendant again again committed a crime of the same kind of law, it is deemed that the situation is weak; and (e) damage is recovered or the victim has failed to obtain a license from the victim, etc., that is disadvantageous to the defendant.

However, the defendant actually committed the crime of this case.