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

Punishment of the crime

[Criminal Power] On July 14, 1992, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at Suwon District Court. On November 29, 2000, the Defendant was sentenced to five years of imprisonment for the same crime at the Gwangju District Court. On June 18, 2009, the Defendant was sentenced to three years and six months of imprisonment for the same crime.

On August 25, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for special larceny at the Daegu District Court on August 25, 2016, and was sentenced to one year of imprisonment with prison labor for habitual larceny, etc. at the Jeonju District Court’s mountain support on March 15, 2017, and the said judgment became final and conclusive on August 10, 2017, and the sentence of the said suspension was invalidated, and the execution of each sentence was completed in the Macheon Prison on May 29, 2018.

[Criminal facts] On January 24, 2020, at around 21:49, the Defendant: (a) removed the tear part of the iron pents installed outside of the area from the location to the “D,” which was operated by the victim C in Daejeon-gu, Daejeon-gu, Daejeon-gu; and (b) stolen the 8,580,000 g of yellow-dong (new shares) and 600 g of the market value of the victim’s possession, which was kept in custody in another place, and loaded them into the E-Poter cargo operated by the Defendant.

Accordingly, the defendant, who was sentenced to imprisonment not less than three times due to theft, etc., committed special larceny by destroying the door, the wall, and a part of the structure at night during the repeated crime, and destroying the structure and destroying the structure, thereby stealing the property of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused (third time);

1. C’s statement;

1. Investigation report (to hear statements made by victims in relation to the change of the weight of the container by force);

1. Application of Acts and subordinate statutes to each judgment, personal confinement status, and inquiry report;

1. Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 331(1) of the Criminal Act concerning criminal facts.