A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[criminal records] On December 23, 2008, the Defendant was sentenced to four years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court, and on March 21, 2013, the Defendant was sentenced to three years of imprisonment with prison labor for the same crime in the same court. On June 16, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for the same crime in the same court, and on May 12, 2018, was sentenced to two years of imprisonment with prison labor for the same crime.

[Criminal facts]

1. On May 25, 2018, around 15:12, the Defendant: (a) took advantage of the gaps in which the victim C (n, 42 years of age) was reported by handphones in the front line of the subway 1, the subway 472, the New-ro, Dongdaemun-gu, Seoul Metropolitan Government, with a view to raising a bank on the front line of the subway 1,000,000,000,000 won in cash, the victim’s possession; (b) three items of clothing in the market price and three items of cellphones; and (c) one device of charge for handphones in the market price, and was stolen by means of putting the said door on his own possession as if the Defendant was his own possession.

2. On May 31, 2018, the Defendant: (a) made use of the gap in which the victim D (n, 52 years of age) was placed in the electric train of subway No. 1 (n, 52 years of age) and Handphones reported on the Handphones in the front line of the subway No. 1, which had been near the subway station; (b) caused the Defendant to cut off the said bags by using one gate, cash 20,000 won in the market price, which is the victim’s ownership; (c) two copies of gift certificates of KRW 10,00 won in the market price; (d) three copies of credit cards; (d) one bank head; (e) one bank security card; (e) one bank security card; and (e) two items of clothing equivalent to KRW 40,000,000 in the market price; and (e) one cosmetic in the market price as if he was his own ownership.

As a result, the defendant was sentenced to two or more penalties for habitual larceny, and again stolens the victims' objects within three years after the execution of the sentence was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Investigation report (the specification of damaged goods by the victim);

1. CCTV video CDs, recovered damaged photographs, and train for suspects immediately after the crime was committed;