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

Punishment of the crime

On April 7, 2011, the Defendant was sentenced to imprisonment with prison labor for larceny at the Seoul Eastern District Court on August 2, 201, seven months from imprisonment with prison labor for attempted larceny in the same court on August 2, 2013, and one year and two months from imprisonment with prison labor for attempted larceny in the same court on November 19, 2015, and on May 16, 2017, the Defendant was sentenced to two years from imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the same court on March 29, 2019.

1. On August 25, 2019, at around 00:45, the Defendant: (a) cut off one mobile phone from the market price unexponed male victim’s main money that had been under influence of alcohol in front of the exit of 100 sexual waters in Seongdong-gu Seoul, Seongdong-gu, Seongdong-gu, Seoul.

2. On August 25, 2019, at around 00:59, the Defendant: (a) committed theft against the victim B; (b) did not observe the fact that the victim B was able to take a gallonian 9 mobile phone in his/her hand at the market price that is equivalent to KRW 1,00,000,000, in the state that the victim B was expected to be under the influence of alcohol, and that the victim B used the gallonian 9 mobile phone in his/her hand; and (c) subsequently,

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Investigation report (Attachment, etc. of CCTV images at the time of committing the crime);

1. Previous records: Application of the Acts and subordinate statutes on criminal records, etc. and personal confinement status;

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 5-4(5) of the Act on the Aggravated Punishment, etc. of Specific Crimes among repeated offenders can be deemed as a special provision on aggravation of repeated crimes prescribed in the Criminal Act, and there may be problems in double evaluation. Considering the purport of Supreme Court Decision 2004Do1556 Decided May 14, 2004 regarding Article 3 of the Act on Special Cases Concerning the Punishment, etc. of Specific violent Crimes, re-inform of repeated crimes under Article 35 of the Criminal Act may be deemed illegal. However, the Supreme Court sentence on September 27, 1994.