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

Punishment of the crime

[Criminal Power] On February 13, 2003, the Defendant was sentenced to imprisonment for seven years with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Larceny) at the Government Branch of the Seoul District Court on January 16, 2014, and three years with prison labor for a crime of larceny at the Suwon District Court on January 28, 2016, and the same court on January 28, 2016. On September 7, 2018, the Defendant completed the execution of the sentence at the Net Prison on September 7, 2018. On August 22, 2019, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Suwon District Court on August 30, 20

【Criminal Facts】

On May 26, 2019, the Defendant: (a) at the fishing place located in Pyeongtaek-si B from around 03:00 to around 04:00 on the same day; (b) at the fishing place located in Pyeongtaek-si B, the Defendant stolen the Defendant, with property equivalent to KRW 2,50,000, total market value of the Victim C, 8 fishing lines, and 9 ties, which were the victim’s possession.

Accordingly, even though the defendant was sentenced to imprisonment not less than three times due to larceny, he stolen another's property during the repeated crime period.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Photographs of damaged articles, and written confirmation of the results of electronic financial transfer;

1. Previous records of judgment: Application of criminal records, etc., investigation reports (in cases of attachment of previous records and written judgments, etc.: Cumulative crimes, including repeated crimes and criminal records of latter concurrent crimes), and Acts and subordinate statutes on accompanying materials;

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 latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The latter part of Article 39 (1) and Article 55 (1) 3 of the Criminal Act to be mitigated pursuant to the latter part of Article 39 (1) of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the following circumstances and the Defendant’s age, character and conduct, environment, motive, circumstances, means and consequence of the crime, and the circumstances after the crime are committed.