A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On November 23, 2010, the Defendant was sentenced to eight months of imprisonment for larceny at the Seoul Eastern District Court (Seoul Eastern District Court). On December 29, 201, the Defendant was sentenced to ten months of imprisonment for night buildings, intrusion upon buildings, larceny, etc. in the same court, and on April 20, 2016, the Defendant was sentenced to ten months of imprisonment for larceny and completed the execution of the sentence on December 30, 2016.

On April 20, 2019, at around 01:37, the Defendant, who was parked in AY Truck AY parking lot in Seoul Special Metropolitan City, destroyed a Raber, etc., prepared for correction devices in advance, and stolen two divers of the market value of which is equivalent to KRW 400,000,000 in the above construction site.

As a result, the defendant was sentenced to imprisonment more than three times with prison labor due to theft, etc., but theft is committed again during the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

1. AX's statement;

1. Previous records: Criminal history records, personal confinement records, application of Acts and subordinate statutes to investigation reports (verification of criminal records);

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of small amount;

1. Scope of punishment by law: One to twenty 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 [Type 1] Joint habitual and repeated theft [the scope of recommending area and recommending punishment] basic area, imprisonment with prison labor for a year and six months to three years [the general person in general] mitigation element: Livelihood penalty, serious reflective nature;

3. Determination of sentence: One year of imprisonment (in consideration of the fact that an appellate court is continuing to commit a series of crimes before and after the instant crime);