A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[Criminal record] On May 10, 2013, the Defendant was sentenced to three years to imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Western District Court on the Aggravated Punishment, etc. of Specific Crimes, and the judgment became final and conclusive on September 12, 2013, and the execution of the sentence was terminated on January 29, 2016.

[Criminal facts] On March 23, 2016, the Defendant: (a) committed a theft with a gallon 4 mobilephone in a gallon in the city of Incheon, Dong-gu around 08:10 on March 23, 2016; (b) a victim E-owned market value equivalent to KRW 900,000,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. E statements;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to data on personal identification/ convicts) and other Acts and subordinate statutes;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. A repeated offense not falling under the aggravated area (10 months to 2 years) of the aggravated area (10 months to 2 years) of the Sentencing Criteria (the scope of recommended punishment) for general property;

2. In full view of the fact that the Defendant who was sentenced to punishment several times for the same kind of crime committed again during the period of repeated crime due to the same crime, the Defendant did not reach an agreement with the victim, and other various circumstances that form the conditions for sentencing as shown in the records and arguments of this case, including the Defendant’s age, sexual conduct, details and motive leading to the instant crime, and circumstances before and after the instant crime, the sentence of the same sentence as the order shall be sentenced within the scope of the sentencing guidelines, by exceeding the sentencing guidelines.