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

Punishment of the crime

[2] On January 16, 2009, the Defendant was sentenced to imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on the same day on September 28, 2016, and six months from imprisonment with prison labor for larceny, and ten months from August 9, 2017 in the same court on August 20, 2017, and completed the execution of the final sentence in the Ansan Prison on March 20, 2018.

[ criminal facts] around 03:40 on October 9, 2018, the Defendant opened a 80,000 won in cash owned by the victim, Onnuri gift certificates, 80,000 won in black gift certificates, 1 resident registration certificates, etc., which were located in the D store operated by the victim C, located in Gwanak-gu, Seoul Special Metropolitan City.

Accordingly, the defendant was sentenced to imprisonment not less than three times with prison labor due to larceny, etc., and the execution of the final sentence is completed, and the defendant again committed larceny to a structure at night within three years.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. On-site photographs, CCTV images to captures, list of seizure, records of seizure, photographs of seized articles, and reports on investigation (net 24,31);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous and conclusive report of the suspect), text of judgment and the current status of acceptance by individual;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning the crime;

1. The sentencing guidelines under Article 35 of the Criminal Act for aggravated repeated crimes is to be recommended [the scope of recommendations] on the grounds of the sentencing guidelines under Article 35 of the Act on the Aggravated Punishment of Specific Crimes. Decision that there is no person in charge of special sentencing [one year to six years] in the basic area (one year and six months to three years) of the thief under the Specific Crimes Aggravated Punishment Act - In light of favorable circumstances: confession, reflectivity - unfavorable circumstances: crime motive and method of crime, degree of damage, etc., it is not good that the nature of the crime is not good, and it is possible to repeat the crime habitually in the same kind of crime, repeated crime during the same type of repeated crime, and there is