A defendant shall be punished by imprisonment for three years.

Punishment of the crime

【Criminal Power】 The Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on February 5, 2003; three years of imprisonment for the same crime at the Seoul Western District Court on February 14, 2007; three years of imprisonment for the same crime at the Seoul Western District Court on August 27, 2010; and three years of imprisonment for the same crime at the Seoul Central District Court on May 31, 2013; and the Defendant was sentenced to four times of the same criminal records in addition to the completion of the execution of the final sentence at the Gyeonggi Northern Prison

【Criminal Facts of Crimes】 around 01:00 on July 4, 2014, the Defendant taken one galle-2 mobile phone in a galle-based juno-2 mobile phone located on the head of the victim D, who was drunk in front of the Seoul Jung-gu Seoul metropolitan building.

Accordingly, the defendant habitually stolen the victim's goods.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Photographs of seized articles and the victim's photograph at the time of damage;

1. A report on investigation (related to the details of inspection);

1. Previous convictions in judgment: Criminal records, personal identifications and confinements, investigation reports, and court rulings;

1. Habituality: The defendant was punished several times due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., as stated in the judgment, and the defendant committed an existing similar crime within the period of repeated crime. The application of statutes is recognized as habituality in light of the fact that

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;

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

3. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing).

1. The scope of punishment by law: Imprisonment for not less than three years but not more than 25 years;

2. The scope of sentence recommended according to the sentencing criteria (decision of type) shall be limited to the range of punishment (decision of type). There shall be no regular or repeated larceny (special person). (The scope of recommending punishment)