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

Punishment of the crime

On September 6, 2007, the Defendant was sentenced to two years of suspended sentence to eight months of imprisonment for special larceny, etc. at the Busan District Court, and on January 28, 2008, at the same court on May 26, 2009, eight months of imprisonment for short-term, six months of imprisonment for larceny, etc. at the same court on May 26, 2009; one year of imprisonment for special larceny, etc. at the same court on August 24, 2010; and one year of May 4, 2012, to one year and six months of imprisonment for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Cheongju District Court on March 23, 2013.

Although the Defendant had been sentenced to imprisonment not less than three times due to larceny, etc., on October 28, 2014, at around 08:00, the repeated crime period: (a) around October 28, 2014, the Defendant used the “E” restaurant operated by the victim D in Daejeon-gu Daejeon as a main subsidy; and (b) stolen cash amounting to KRW 486,00,000, which is the cash owned by the victim of the cash at the place where he had been sentenced to imprisonment with prison labor.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Previous records: Criminal records and other inquiries, the current status of personal identification, and application of Acts and subordinate statutes to investigation reports;

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

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 [the scope of recommending punishment] : The defendant is somewhat lower than the lower limit of the recommended punishment set in the sentencing guidelines, taking into account all the factors of sentencing, including the following factors: the thief crime group, habitual repeated crime theft (type 1), basic area, two-year imprisonment and four-year imprisonment (decision of sentence): A majority of the criminal records are identical; the facts of crime are recognized and reflected; the amount of damage is minor; the motive and circumstance leading to the crime; the defendant's age and happiness environment; etc.