A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[criminal power] On June 10, 2003, the Defendant was sentenced to imprisonment with prison labor for larceny at the Seoul Central District Court on September 10, 2010, imprisonment with prison labor for one year and two months, imprisonment with prison labor for larceny, and ten months, imprisonment with prison labor for the same court on March 29, 2012, and imprisonment with prison labor for the same court on July 16, 2014, and two years, with prison labor for the crime of larceny. On May 17, 2016, the Defendant was sentenced to imprisonment with prison labor or more for the crime of larceny.

【Criminal Facts】

1. On May 25, 2016, at around 10:20 on May 25, 2016, the Defendant: (a) stolen, at the “E” precious metal shop operated by the victim D in Dongjak-gu Seoul Metropolitan Government, the victim D, taking advantage of the gaps in which surveillance by the victim was neglected; and (b) stolen, with one set of 70,000 won in the market price located in the display stand.

2. On July 4, 2016, around 09:30 on July 4, 2016, the Defendant stolen the victim’s “H” store operated by the victim G in Songpa-gu Seoul Songpa-gu Seoul, with a cresh in which the victim’s surveillance was neglected, with a single 14 k mbs equivalent to the market value of KRW 570,000,000, which was placed on the work site of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and G;

1. Criminal records as stated in the judgment: To apply investigation reports (Attachment to data, etc. of a suspect A), criminal records, reply reports on criminal records, investigation reports (Attachment to related decisions under Article 5-4 (5) of the Special Act) and other 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 committed;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing of the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and the proviso of Article 42 of the Criminal Act among concurrent crimes;

1. The scope of applicable sentences by law: Imprisonment for not less than two years nor more than 50 years; and

2. The fact that the Defendant, who was sentenced to the sentence of larceny, was sentenced to four times to be sentenced to punishment for larceny, and that there was a criminal record of two times to be sentenced to suspended sentence, and that he was committed the same crime as he was released even during the period of repeated crime due to larceny, and that he did not agree with the victim D.