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

Punishment of the crime

[Criminal Power] On September 8, 2009, the Defendant was sentenced to one year for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Busan District Court, and on July 24, 2010, the previous department had 14 times (three times of suspended execution, three times of imprisonment, and four times of imprisonment) including the completion of the execution of the sentence in the port prison.

【Criminal Facts】

On December 14:00 on December 14:05, 2012, the Defendant stolen another’s property habitually in a way that: (a) the Defendant had a bank that was located on the victim’s skekek with a cash of 2 million won owned by the victim, which was located on the victim’s skek, in the Daegu Northern-gu Seoul Northern-gu D store located on a stringk-gu, Daegu, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Photographs of the recovered goods;

1. Previous records of judgment: A inquiry report on criminal records, etc., investigation report (in relation to the previous records, list of related cases, number of individual cases and confinement status, and attachment of copies of judgment);

1. Habitualness: The defendant and defense counsel's assertion about the defendant and defense counsel in light of the records of each crime and the method of the crime, etc. in the holding, shall assert that the defendant was in the state of mental disorder or mental disability at the time of the crime in this case as a disabled person due to mental retardation.

However, in full view of the fact that the Defendant had been punished several times due to the same method of crime as the instant crime even before, the Defendant committed an act to take away only cash incurred therefrom after thefting the victim, and the Defendant’s attitude in this court, etc., the Defendant did not have the ability to discern things or make decisions at the time of committing the instant crime.

The above assertion cannot be accepted as it seems to be in a state or weak condition.

Application of Statutes

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the relevant criminal facts, and Article 329 of the Criminal Act;

1. Article 35 of the Criminal Act, among repeated crimes.