Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

[criminal power] On October 14, 2004, the Defendant was sentenced to six months of imprisonment with prison labor for larceny at the Incheon District Court, and on March 31, 2006, the Incheon District Court sentenced to two years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny). On August 29, 2013, the Daejeon District Court sentenced to eight months of imprisonment with prison labor for larceny, etc. on March 26, 2015, and one year of imprisonment with prison labor for habitual larceny at the Seoul Northern District Court on March 26, 2015. On May 19, 2016, the Defendant was sentenced to one year and six months of imprisonment with prison labor at the Seoul Central District Court on June 20, 2017.

【Criminal Facts】

On December 31, 2018, at around 21:18, the Defendant: (a) accessed D cargo vehicles parked by the victim C in front of Dongdaemun-gu Seoul Metropolitan Government; (b) intruded into an animal space with forced chucking, and caused a theft of one plastic bag containing approximately 400,000 won at the market price at that space ( approximately 12 km).

Accordingly, even though the defendant was sentenced to imprisonment more than three times due to habitual larceny and the violation of the Aggravated Punishment Act, etc. of Specific Crimes, the defendant steals the victim's property within three years after the execution of the sentence is completed.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Records before judgment: Criminal records;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime committed;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant led to a confession and the damage is relatively minor, but the defendant has a total of 19 criminal records by including 14 criminal records for the same kind of offense, and the statutory punishment for the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) is prescribed in 2 to 20 years, and is punished during the period of repeated crimes.