A defendant shall be punished by imprisonment for three years.

Punishment of the crime

On January 21, 2009, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Eastern District Court. On August 26, 2011, the Defendant was sentenced to two years of imprisonment for the same crime at the Seoul Northern District Court, and completed the execution of the sentence on July 9, 2013.

On August 23, 2014, between around 02:00 to 03:00, the Defendant opened an open door and intruded into the living room, thereby leaving KRW 110,000 in cash within two banks owned by the victim.

The Defendant, including that, from August 23, 2014 to August 28, 2014, had 713,000 won in total, the victims owned three times through the foregoing method as set out in the List of Crimes.

As a result, the Defendant was sentenced two or more times to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes due to habitual larceny, and again stolen another’s property within three years after the execution of the sentence was completed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement of F and G;

1. Reports on occurrence of each case and reports on results of field identification;

1. Previous records: Criminal records and investigation reports (in cases of the same kind of case, accompanied by a copy of the judgment);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning criminal facts and Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Application of the sentencing criteria [the range of recommending punishment] the basic area of the first category of habitual and repeated larceny (general habitual and repeated larceny) (3 to 6 years).