A defendant shall be punished by imprisonment for one year.

Punishment of the crime

【The Defendant was sentenced to a disposition to transfer juvenile protection cases by larceny, etc. at the Gwangju District Court on December 16, 1994. On July 25, 1997, the Defendant was sentenced to one year of imprisonment by larceny, etc. at the Gwangju District Court on March 13, 2003, sentenced to four years of imprisonment by larceny, etc. at the Gwangju High Court on March 13, 2003. On April 22, 2010, the Defendant was sentenced to two years of suspended sentence for eight months of imprisonment by larceny at the Gwangju District Court on April 22, 2010. On December 20, 2012, the Defendant was sentenced to three years of imprisonment by special larceny, etc. at the Suwon District Court on July 20, 2015.

【Criminal facts】 The Defendant was aware that the victim was in custody of high-priced bicycles at the victim D’s house located in the Southern-gun C, while working as a remodelling work staff.

On November 20, 2017, at around 10:30, the Defendant: (a) checked the EK5 car and confirmed that there was no room inside the house; (b) opened a open door and opened it in the ward; and (c) carried the bicycle at approximately KRW 12 million at the market price of the victim’s possession, which was kept in the room; and (d) loaded it on the vehicle on which the Defendant was on board.

Accordingly, the defendant, who has been sentenced to imprisonment not less than three times due to larceny, special larceny, etc., steals another's property during the repeated crime period.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. Statement made by the police against D;

1. A photograph of a CCTV course;

1. A vehicle rental contract;

1. Previous convictions in judgment: Application of text of judgment, personal confinement status, and criminal history-related Acts and subordinate statutes;

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;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment [type] is one type of larceny under the Act on the Aggravated Punishment of Specific Crimes (joint habitual and repeated larceny).