A defendant shall be punished by imprisonment for a term of one year and four months.

Punishment of the crime

[2] On November 18, 2004, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daejeon District Court’s Branch of the Incheon District Court on May 22, 2009; imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Incheon District Court on December 16, 2010; three years from imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Incheon District Court on December 16, 2010; and one year and six months from August 21, 2015; and completed the execution of the sentence at the Incheon District Court on October 13, 2015.

[2] On August 22, 2017, the Defendant: (a) cut off the E-vehicle owned by the victim D, which was parked at the front of the Incheon Nam-gu Incheon Metropolitan City, with the Defendant holding an open driver’s door between the victim and the victim’s seat; (b) holding the cash of KRW 41,00,000; and (c) holding a license, cosmetics, etc. at the market price equivalent to KRW 180,00,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A protocol of seizure and a list of seizure;

1. CCTV photographs;

1. Each report on investigation;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (reports on previous convictions and results of confirmation of such previous convictions), prisoners search results, and current status of personal confinement;

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 for aggravated repeated crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment [the scope of recommendation] [the scope of punishment]] There is no person [the person who is subject to special sentencing] in the basic area (one year and six months to three years] (the person who is subject to special sentencing] (the decision of sentencing] despite the fact that the defendant had been punished for several larcenys, he/she again committed the crime of this case, and did not reach an agreement with the victim, in light of the fact that he/she committed the crime of this case.

However, the defendant committed the crime of this case.