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

Punishment of the crime

[criminal power] On January 27, 2010, the Defendant was sentenced to one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in the Changwon District Court's Smuggling support, and was sentenced to three years for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Ulsan District Court on October 28, 201. On January 18, 2017, the Defendant was sentenced to ten months of imprisonment with prison labor at the Busan District Court for larceny and completed the execution of the sentence on September 18, 2017.

【Criminal Facts】

On March 20, 2019, at around 15:08, the Defendant used the gap in the victim C's location in Busan Jin-gu, Busan, and carried 2.1 million won in cash owned by the victim and 40,000 won in the market price and 400,000 won in Onnuri gift certificates.

Accordingly, the Defendant, who was sentenced to imprisonment not less than three times due to the theft crime, stolen the victim's property during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports, investigation reports (verification of repeated crimes), and application of Acts and subordinate statutes to investigation reports (verification of the same criminal records);

1. Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes under Article 5-4(5) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, and Article 35 of the Criminal Act (where a person is punished as a repeated offender, including as part of the constituent elements, Article 35 of the Criminal Act is included in the relevant Act,

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The scope of the recommended punishment according to the sentencing guidelines [decision of types] is inconsistent with the lower limit of the applicable sentencing guidelines under the Act on the Aggravated Punishment of Specific Crimes [Class 1] joint habitual and repeated larceny [the scope of the recommended punishment] [the scope of the recommended punishment and the scope of the recommended punishment] basic area, imprisonment with labor for one year and six months to three years [the scope of the recommended punishment revised by the applicable sentencing guidelines]. The lower limit of the sentencing range recommended by the sentencing guidelines for two to three years is inconsistent with the lower limit of the applicable sentencing guidelines under the Act.