A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

[criminal power] On June 21, 2005, the Defendant was sentenced to imprisonment with prison labor for one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court and four years for the same crime in the same court on October 19, 2007. On December 29, 2011, the Defendant was sentenced to imprisonment with prison labor for the same crime in the same court on November 14, 2015.

【Criminal Facts】

On March 13, 2016, around 14:23, 2016, the Defendant habitually abused a 31,500 won of the market price, which is displayed in the outside display stand operated by the victim D in Seo-gu, Seo-gu, Gwangju.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Photographss of damaged articles and CCTV photographs;

1. A previous conviction in judgment: A inquiry report, personal confinement status, and a written judgment;

1. Habitualness of the judgment: Application of Acts and subordinate statutes recognizing larceny in light of the fact that each crime has committed the same kind of crime in the short term after being sentenced to, and after being released from, the crime;

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act among repeated offenders, and the proviso to Article 42 of the Criminal Act [Inasmuch as there exists a criminal record of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which ends on November 14, 2015]

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 applicable sentences under law: Imprisonment with prison labor for one year and six months from June to 25 years;

2. The sentencing guidelines on June 23, 2016, which is the date of the instant indictment, were without the sentencing guidelines on Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes, but the requirements of Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes were modified by Act No. 13717, Jan. 6, 2016. As such, the sentencing guidelines premised on Article 5-4 (6) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 13717, Jan. 6, 2016) are not applicable.

On September 15, 2016, the sentencing criteria are set.