A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On June 28, 2005, the Defendant was sentenced to eight months of imprisonment for larceny at the Changwon District Court, and on May 1, 2007, the Defendant was sentenced to eight months of imprisonment for an attempted larceny of night buildings at the Busan District Court, and on November 27, 2017, the Defendant was sentenced to one year and ten months of imprisonment for an night building intrusion, robbery, etc. at night, and completed the execution of the sentence in the Gyeongbukbuk Branch Prison.

On April 5, 2020, at around 00:14, the Defendant attempted to steals cash located in the “D” waiting room operated by the victim C in Tong Young-si B and 5, using any cre in which there is no room, and attempted to steals cash located in such room, which was the victim’s possession, to the employees of the said main shop, but failed to commit an attempted crime.

Accordingly, the Defendant, who was sentenced to imprisonment not less than three times due to larceny, was trying to steal the victim’s property again during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Investigation report (on site photographs, etc.);

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (the confirmation of repeated crimes and the same kind of records);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342, 329 and 35 of the Criminal Act concerning the crime committed;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter “permissible circumstances”)

1. Scope of punishment by law: One to ten years of imprisonment;

2. Scope of recommending punishment according to the sentencing guidelines [Determination of types of punishment] thief under the Specific Crimes Aggravated Punishment Act [Class 1] Joint habitual and repeated crime thief [the scope of recommending area and recommending punishment] basic area, one year and six months to three years [the general person] mitigation element: Livelihood type crime and serious reflectiveness;

3. Determination of sentence: A sentence of imprisonment with prison labor for a year disadvantageous to a person: The fact that there are many persons who have been sentenced to punishment for the same kind of crime, but recidivism is made under the same method during the period of such repeated crime;