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

Criminal facts

[criminal record] On September 19, 2007, the defendant was sentenced to larceny at the Seoul Central District Public Prosecutor's Office on October 25, 2007, to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Western District Public Prosecutor's Office on August 28, 2008, to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Western District Public Prosecutor's Office on August 28, 2008, to the larceny at the same public prosecutor's office on June 15, 201, to the larceny at the Seoul Southern District Public Prosecutor's Office on December 15, 201, and to the probation period at the Seoul Southern District Public Prosecutor's Office on August 21, 2012.

【Criminal Facts】

At around 14:08 on October 18, 2012, the Defendant: (a) cut off the gap in which the victim K displayed at the cell phone charging station in Seongdong-gu Seoul, Seoul; (b) the victim K gallon LTE smartphone 1 unit at the charging station, which is equivalent to KRW 900,000,000,000, is the market value of the cell phone charging station at that place; and (c) stolen it from the charging station.

Accordingly, the defendant habitually stolen one smartphone of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The K's statement;

1. Application of Acts and subordinate statutes to each investigation report and inquiry report;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the relevant criminal facts, and Article 329 of the Criminal Act;

1. It is inevitable to punish a person again during the period of suspended sentence for the reason of or habitually larceny of the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following circumstances for sentencing).

However, in consideration of the fact that the crime is led to confession and reflect, the damage is not so significant, the age is still poor, and the poor environment, etc., the punishment equivalent to the lowest punishment shall be sentenced.