A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On December 13, 2012, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny, etc. at the Seoul Northern District Court on May 22, 2014, sentenced to two years and six months of imprisonment with prison labor at the Seoul Northern District Court on May 22, 2014, and completed the execution of the sentence at the Seoul Northern District Court on July 6, 2018.

【Criminal Facts】

At around 23:40 on April 4, 2019, the Defendant: (a) committed a theft with one cellular phone of Samsung Galthopt 9, an amounting to KRW 10,000 in cash, which is owned by the victim B (year 31) holding a seat in a train and was under the influence of alcohol by a seat in the train; (b) 10,000 won in cash, which is owned by the victim, who was in the seat under the influence of the seat, and went through a subway station near the 347-1, Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, with a seat in the train.

Accordingly, the defendant was sentenced to imprisonment more than three times with prison labor for larceny and again commits larceny during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning B;

1. A report on internal investigation (scenes reading at the scene of occurrence) and CCTV photographs;

1. Investigation report (verification of the amount of damage and damage);

1. Previous records of judgment: Results of inquiry, investigation report (verification of crimes during the period of previous rulings, attachment of rulings and repeated crimes), personal confinement status, list of relevant cases, application of relevant statutes of judgment;

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 among repeated crimes;

1. Although there was a record of having been sentenced several times to punishment for the crime of larceny for the reason of sentencing under Article 11 of the Criminal Act for mitigation of deaf and mutes, it is inevitable to have a strict punishment against the defendant by putting the crime of this case again during the same repeated crime period.

However, the defendant recognized the crime of this case, and as the deaf-mute of the second degree with hearing disability, the crime of this case was committed in an economic difficulty.