A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On September 22, 2006, the Defendant was sentenced to three years and six months of imprisonment with prison labor for larceny, etc. at the Seoul High Court on January 25, 2013, and was sentenced to four years of imprisonment with prison labor at the Seoul High Court on September 3, 2015, and was sentenced to one year and six months of imprisonment with prison labor for habitual larceny at the Jeonju District Court on September 3, 2015, and was sentenced to 16 times of imprisonment with prison labor for the same kind of larceny on August 19, 2016.

On October 5, 2016, the Defendant: (a) around 14:48 on October 14, 2016, at the time when the victim E was placed in the D market located in the Gunsan-si C, the Defendant stolen the victim’s cash holding KRW 400,000,000, in a wall owned by the victim, using the gaps in which the victim talks with other customers.

Accordingly, the defendant was sentenced to imprisonment not less than three times due to larceny, but is punished by larceny during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. The site and CCTV photographs;

1. Previous records: Criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment, etc.), six copies of the judgment, and application of Acts and subordinate statutes concerning the number and confinement of each individual;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] In the case where there are extenuating circumstances in the mitigation area (one year to two years and six months) of the mitigated area (one year and six months) under the Specific Crimes Aggravated Punishment Act [Special Mitigation] [the decision of sentence] the defendant was sentenced three times to imprisonment with prison labor for the same previous case, and the defendant committed the instant crime before two months have passed since the execution of the last sentence was completed, in view of the fact that the defendant did not have a serious intention to discontinue the larceny crime, so it is inevitable to punish imprisonment with prison labor.

However, this case.