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

Punishment of the crime

On November 4, 2004, the Defendant was sentenced to imprisonment of 8 months with prison labor for larceny and 2 years of suspended sentence in Seoul Northern District Court; on December 16, 2004, the same court was sentenced to a fine of 3 million won for the same crime; on July 27, 2005, the same court was sentenced to imprisonment with prison labor for 10 months in the same court on March 20, 2009; on December 23, 2009, the Defendant was sentenced to a fine of 1 million won in the Seoul Northern District Court for larceny; on December 30, 2009, the Defendant was sentenced to imprisonment with prison labor for 3 years and 6 months in the Seoul Southern Southern District Court for robbery and completed the execution of the sentence in the inside prison on May 27, 2013.

Criminal facts

On June 15, 2013, at around 02:25, the Defendant discovered the victim E who was drunk in front of the upper part of the Jongno-gu “D” clothes, and stolen it with one cell phone system (LG options) of an amount equivalent to KRW 700,000,000, in the market price of which the Defendant was under the influence of alcohol in the stairs located in Jongno-gu, Jongno-gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The list of seized articles, photographs and guns;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (verification of repeated crimes and attachment of judgment), and current status of confinement/collection of each individual;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the past record of each thief crime, the method of the crime, and the continuous and repeated crimes of the same kind in the judgment;

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

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [decision of type] thief crime, habitual larceny, and no one [special person] type 1 (general person for habitual larceny] of the Criminal Act (the scope of recommending punishment] - two years of imprisonment.