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A defendant shall be punished by imprisonment for not less than one year and six months.
6 mobilephones seized (Seoul Central District Public Prosecutor's Office in 2016).
Reasons
Punishment of the crime
On June 17, 2010, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Central District Court for one year and six months, and on April 11, 2013, the Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the same court on April 11, 2013 and completed the execution of the final sentence on February 17, 2015.
1. On February 23, 2016, at around 00:30, the Defendant collected one cell phone of 990,000 won in the market price of which the victim C was diving and went on the back to the new village from the new forest station located in Guro-gu Seoul Metropolitan City, Guro-gu, to the new village route, around 460-26.
2. On February 23, 2016, at around 00:40, the Defendant collected one cell phone with a white-phone of KRW 990,00,00 in the market price set under the front line of the subway No. 2, a person in whose name is influencing from the subway No. 31-11, to the viewing station in the new village of Mapo-gu Seoul Metropolitan Government, Mapo-gu, 31-11.
Accordingly, the defendant habitually stolen mobile phones.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A protocol of seizure and a list of seizure;
1. Previous convictions: A reply to inquiry, such as criminal history, the current status of acceptance by each individual, report on investigation, and judgment attached thereto;
1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the same kind of crimes under the judgment, etc.;
1. Relevant legal provisions of the Criminal Act and Articles 332 and 329 of the Criminal Act concerning the selection of punishment (a comprehensive theft and theft, and choice of imprisonment with prison labor);
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The grounds for sentencing under Article 333(1) of the Return Criminal Procedure Act include: (a) the Defendant repeatedly committed a crime during the period of a repeated offense of the same kind; and (b) no agreement has been reached with the victims; (c) the fact of the crime is recognized; (d) the damaged goods have been recovered; and (e) the records of this case, such as the Defendant’s age, sexual behavior, family relationship, family environment, motive and means of the crime; and (e) the circumstances after