A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On July 5, 2012, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. by the Suwon District Court on June 17, 2015, and was sentenced to one year and six months of imprisonment for larceny, etc. by the Suwon District Court on March 17, 2017, and was sentenced to two years of imprisonment for larceny, etc. by the Suwon District Court on January 26, 2019.

At around 04:50 on September 21, 2019, the Defendant, at the “C amusement room” located in Suwon-si B, Suwon-si, the Defendant had one of the 500,000, a market price of which includes KRW 211,00,000 in cash owned by the victim D, which was located in the game machine.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. There are only one on-site photograph, CCTV image data on the scene of a crime, and one on-site lock (Evidence 1);

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Evidence List Nos. 6, 7);

1. Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 329 and 35 of the Criminal Act, Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, concerning criminal facts, include “cases of punishing a repeated offender” per se, and therefore, the aggravation of repeated crimes under Article 35 of the Criminal Act is not separate.

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year but not more than ten years;

2. Scope of recommending punishment according to the sentencing guidelines: Basic area of larceny under the Specific Crimes Aggravated Punishment Act (a person who has been specially punished) (a person who has been specially punished) for not less than one year and six months but not more than three years (decision of types of larceny).

3. Determination of sentence: Imprisonment with prison labor for one year, the defendant has already been punished by larceny;