A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

[criminal power] On November 26, 1997, the Defendant was sentenced to imprisonment for one year with prison labor for larceny at the Seoul Central District Court on 26 November 1997; imprisonment with prison labor for 10 months with prison labor for larceny, etc. at the Sungwon District Court on 2 October 1998; imprisonment with prison labor for 1 year and 10 months at the Jeonju District Court on 19 April 19, 2001; imprisonment with prison labor for robbery, etc. at the Seoul High Court on 24 August 22, 2004; three years from imprisonment with prison labor for larceny, etc. at the Seoul Southern District Court on 29 November 29, 201; imprisonment with prison labor for 10 months from the Seoul Southern District Court on 2010; imprisonment with prison labor for 3 or more times from July 2, 2011.

【Criminal Facts】

On August 2, 2013, at around 00:30, the Defendant stolen the victim C, who was under the influence of alcohol in front of the head office of the new bank of 108-8 Jung-gu, Seoul, and was able to do so, one cell phone of the amount equivalent to KRW 968,000 at the market price where the victim C was in the right part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Seizure records;

1. A photograph of damaged articles;

1. Previous records of judgment: Application of criminal records, investigation reports (former records and confirmation of criminal facts), investigation reports (report on the date of release) Acts and subordinate statutes;

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

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

1. Reasons for sentencing [decision of types] under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [decision of types]: ordinary habitual and repeated larceny [Scope of recommending punishment] 2 years to 4 years (basic area] of imprisonment; the decision of sentence] of this case is relatively minor and has been returned to the victim as one cellular phone; and the defendant is currently aware of and against his mistake.