A defendant shall be punished by imprisonment for three years.

One seized Raber (No. 1 of the General List of Seized Articles) and a portable hand, etc.

Punishment of the crime

On November 9, 1995, the Defendant was sentenced to two years in Seoul High Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and was sentenced to two years in July 13, 2001 to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On March 7, 2007, the Seoul Central District Court sentenced one year and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Central District Court on November 20, 2008. On September 16, 2011, the Defendant was sentenced to three years in imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On January 15, 2012, at the entrance of “Ep” operated by the victim D located in Yeongdeungpo-gu Seoul Metropolitan Government on January 15, 2012, the Defendant: (a) confirmed that there was no person to leave the said head of the Epp; and (b) attempted to destroy and destroy the steel system entrance knife, with a dracker, siren, and dust dust, and stolen the object by dracking it; (c) however, the Defendant was arrested of a police officer who was patroled at the same place, and did not commit an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made in D and F of the third trial records;

1. Investigation reports (general) and investigation reports (Investigation of persons related to the Ep collection);

1. Each protocol of seizure;

1. Photographs;

1. Records before and after judgments: Criminal records, etc. inquiry reports, investigation reports, court rulings, and current status of personal identification and confinement;

1. Habituality: Application of Acts and subordinate statutes to the fact that the defendant had been punished several times for the same kind of crime, but again commits the same kind of crime during the period of repeated crime, and that it is recognized as a habit of larceny in light of the previous crime and the method of the crime in this case;

1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Articles 342 and 331 (1) of the Criminal Act;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.