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

Punishment of the crime

[criminal power] On May 14, 1993, the Defendant was sentenced to imprisonment with prison labor for a maximum of one year and ten months for special larceny, etc. at the Changwon District Court. On May 6, 1994, the Defendant was sentenced to imprisonment with prison labor for a maximum of two years and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) and two years and six months for a short term of two years and completed the execution of the sentence on August 23, 1996.

【Criminal Facts】

At around 08:30 on September 5, 1996, the Defendant left the cash of 37,000 won owned by the victim in the treasury, which was placed on his book by inserting any matter within D operated by the victim C in Nam-si, Namwon-si, Seoul.

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

In the case of this case where the record of the case subject to review is already destroyed due to the expiration of the preservation period, and it is impossible to complete recovery of the record, the evidence of the decision subject to review, which can be known by the remaining data collected, including the written judgment, and the value of the newly submitted evidence in the trial

(See Supreme Court Decision 2004Do2154 delivered on September 24, 2004, etc.). 1. Two copies of the decision

1. Investigation report (the content of relative telephone conversations of the victim), e-mail output;

1. Records of judgment: Records of confinement by individual, criminal records, etc.;

1. Habituality of judgment: Application of damp-Recognition Acts and subordinate statutes in light of the records of each crime, the number of crimes, the frequency of crimes, the time interval between the crimes, and the repeated crimes of the same kind, etc. on several occasions;

1. Relevant Articles of the Criminal Act and Articles 332 and 329 of the Criminal Act concerning the crimes;

1. Determination on the Defendant and defense counsel’s assertion under Article 35 of the Criminal Act among repeated crimes

1. The gist of the assertion is that the Defendant committed a larceny as described in the judgment.

When the defendant has made a confession on the date of trial of an investigation agency or a case subject to review, he shall be sentenced to the mitigated punishment even if the defendant was detained at the time.