A defendant shall be punished by imprisonment for two years.

Punishment of the crime

On September 30, 2010, the Defendant was sentenced to imprisonment with prison labor for larceny at the Incheon District Court on September 30, 201, and the execution of the sentence was terminated on January 9, 2012.

1. From July 30, 2013, around 08:50 on July 30, 2013, the Defendant stolen: (a) at the convenience store located in Nam-gu Incheon Metropolitan City, the victim E accounting against customers; (b) taken advantage of the gaps outside the convenience store in which surveillance was neglected; and (c) taken 30 ice cream equivalent to the market price of the 30,000 ice cream located in the freezing cream, and then cut off it by inserting 30 ice cream in advance.

2. At around 10:25 on August 7, 2013, the Defendant: (a) reported that the victim was seated at the calcule at the convenience store as indicated in paragraph (1); (b) put the calcule room outside the convenience store by taking out 7,00 won of the market price of the calcule in the calcule cream, which is located outside the convenience store, into the calcule of the calcule; and (c) discovered out of the victim; and (d) assault the victim by leaving the calcule in calcule with a view to evading arrest at a 30-meter parking lot from that place; and (d) assaulting the victim by spreading the victim’s left chest to two to three times.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. On-site photographs;

1. A report on investigation (No. 10 pages of investigation records);

1. Previous records of judgment: Criminal records, references to criminal records, and the application of Acts and subordinate statutes to confirm criminal suspects, repeated crimes;

1. Relevant legal provisions concerning facts constituting a crime and the larceny of option of punishment: Points of quasi-Robbery as prescribed in Article 329 of the Criminal Act: Articles 335 and 333 of the Criminal Act;

1. Article 35 of the Criminal Act among repeated crimes (limited to the proviso of Article 42 of the Criminal Act in regard to quasi-Robbery);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, Article 50, and the proviso of Article 42 of the Criminal Act [limited to the sum of the long-term punishments of quasi-Robbery prescribed by the heavier penalty (limited to the sum of the punishment of the above two crimes)];

1. The victim does not want the punishment of the defendant under an agreement with the victim under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, and the defendant steals.