A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

【Criminal Records of Crimes】 On September 11, 2015, the Defendant was sentenced to imprisonment with prison labor for habitual special larceny in the Seo-gu District Court Branch of the Daegu District Court for a period of one year and six months, and completed the execution of the sentence on January 7, 2017.

In addition, on December 1, 2010, the Daegu District Court issued a summary order of KRW 300,000 as a fine for larceny, and on May 4, 2012, the same court was sentenced to a suspended sentence of six months as an attempted special larceny. On August 14, 2012, the same court was sentenced to a suspended sentence of two years. On August 14, 2012, there was a total of four larceny crimes including imprisonment with prison labor for six months and imprisonment with prison labor for a special larceny.

【Criminal facts” (Around September 25, 2018, the Defendant was employed by the victim D in the instant singing room operated by the victim D in Busan Dong-gu, Busan, with goods equivalent to KRW 1480,000,000 in total, including one Samsung Nowon-gu, the market price of which is equivalent to KRW 300,000,000,000 in the victim’s accommodation in the singing room, and 1.1 billion won in the market price.

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Criminal records as stated in the judgment: Statement of response to criminal history, investigation report (Evidence List No. 4), copy of the judgment, and current status of acceptance of each individual;

1. Habitualness of judgment: Application of the Acts and subordinate statutes recognizing the habition of larceny in light of the fact that he/she has committed the crime of this case again during the period of repeated crime after having been sentenced to a punishment for the same kind of crime as the judgment;

1. Relevant Article 332 of the Criminal Act and Articles 332 and 329 of the Criminal Act and the choice of imprisonment for a crime;

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

1. Aggravation of the recommended punishment in accordance with the sentencing guidelines [Determination of the type] of the second type (general larceny) (special sentencing factors): Cumulative factors: The same type of repeated crime that does not correspond to the aggravation of specific crimes (special repeated crimes) and habitual offenders.