A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On March 27, 2001, the Defendant was sentenced to imprisonment with prison labor for larceny at the Seoul Northern District Court on May 6, 2003, to 10 months from the Seoul Southern District Court on July 21, 2004, to 6 months from the Seoul Western District Court on August 10, 2006, to 5 months from the Seoul Western District Court on August 10, 2006, to 8 months from the Seoul Western District Court on June 30, 201, to 1 year and 6 months from the Seoul Western District Court on June 23, 201, and to 1 year and 6 months from the final execution of the sentence at the Ansan Prison on November 3, 2012.

Criminal facts

Although the Defendant was sentenced to imprisonment with prison labor for larceny more than three times as above, on May 1, 2013, from around 21:30 to around 05:30 the following day, the Defendant used the gap in the house of the 1st underground victim D of Seodaemun-gu Seoul Western-gu Seoul Metropolitan Government from around May 1, 2013 in which the victim was locked under the influence of alcohol, thereby cutting down 2.3 million won of cash owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Legal testimony of witness D;

1. Statement of D police statement;

1. Before ruling: Application of Acts and subordinate statutes to inquiry reports and investigation reports, such as criminal records;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 329 of the Criminal Act, comprehensively, by means of the relevant criminal facts and the choice of punishment.

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. The reasons for sentencing (the following reasons for sentencing) under Articles 53 and 55(1)3 of the Criminal Act (the reasons for sentencing) [the reason for sentencing] [the decision of types] (general habitual and repeated larceny) / [the scope of recommending punishment] 2 years to 4 years (basic area] / The sentencing criteria for the Defendant’s crime are as above.

However, the victim is the one who lives together with the defendant, the victim expresses his/her intention not to punish him/her, and he/she is mentally and mentally weak by drinking alcohol at the time.