A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[2] On August 27, 2004, the Defendant was sentenced to imprisonment with prison labor for larceny for 10 months at the Seoul Central District Court, 2004; imprisonment with prison labor for 2 million won at the same court on December 18, 2006; imprisonment with prison labor for 2 million won at the same court on March 5, 2007; imprisonment with prison labor for 10 months at the same court on July 13, 2007; imprisonment with prison labor for 6 months at the Seoul Western District Court on July 20, 201; and imprisonment with prison labor for 1 year and 6 months at the same court on December 20, 201; imprisonment with prison labor for 1 year and 1 year and 6 months at the same court on November 21, 2014 through the Seoul Western District Court on June 31, 2016.

[2] On May 5, 2016, the Defendant: (a) in front of the border point of “D” located in Gwangjin-gu Seoul Special Metropolitan City on May 5, 2016; (b) in front of the border point of “D” in Gwangjin-gu, Seoul; (c) opened a steering door that was not corrected by the said cargo vehicle due to the victim E’s use of the gap of the victim’s locking place; and (d) took part of A5 mobile phone A5 mobile phone at Galgallon, the market price of which is the victim’s holding seat of the said cargo vehicle, is an unrecepted fluor; and (c) taken part in a fallon, the victim’s market price, which is the victim’s holding seat of the said cargo vehicle, in the said vehicle, in the instant vehicle.

They go back.

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

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Investigation report (verification of market price of mobile phones);

1. Previous convictions: Inquiries about criminal history and investigation reports (where a repeated crime is committed and accompanied by judgment);

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing the theft habits in light of the records of each crime, method of crimes, frequency of crimes, and recidivism during the period of repeated crimes in the judgment;

1. Relevant Article of the Criminal Act and Articles 332 and 329 of the Criminal Act concerning the selection of criminal facts;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is as follows: (a) confession and reflects the instant crime; (b) some of the damaged items were returned to the victim; (c) the frequency of the crime is one time; and (d) the damage is relatively insignificant.