The punishment of the accused shall be three years of imprisonment.

Punishment of the crime

[criminal history] On October 23, 2008, the Defendant was sentenced to imprisonment with prison labor for one year and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Chuncheon District Court on September 9, 2010, two years for the same crime in the same court on September 9, 2010, three years for the same crime in the same court on March 26, 2013. On November 29, 2016, the Defendant was sentenced to imprisonment with prison labor for a crime of habitual larceny and completed the execution of the sentence on January 9, 2018.

[2] On April 16, 2018, around 23:45, the Defendant: (a) opened a “E” restaurant operated by the victim D located in Chuncheon City around April 16, 2018; (b) opened a main visit without a correction device; (c) intrudes into the main room; and (d) went out with approximately KRW 640,00,00 in the market price of the victim’s possession; and (d) stolen money and valuables worth KRW 68,00,000 in total, from around that time to April 19, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, G, D, and H;

1. Previous convictions: Inquiries and investigation reports (verification of the period of repeated crime and reporting on the same criminal records and judgment);

1. Habituality of judgment: Application of Acts and subordinate statutes to recognize dampness in light of the records of each crime, the number of crimes, and the circumstances of repeated crimes committed several times in the judgment;

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 330 and 342 of the Criminal Act concerning the crime (including inclusive) of the relevant Act on the Aggravated Punishment, etc. of Specific Crimes;

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

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment]; the basic area (two to four years) of the types of larceny under the Specific Crimes Aggravated Punishment Act (Habitual Larceny);

2. Determination of sentence: Imprisonment with prison labor for three years seems to have shown that the Defendant was able to reflect his criminal conduct.

However, even though the defendant had been already punished several times due to the same crime such as habitual theft in the past, the execution of the final sentence is complete.