A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal records] On March 16, 2017, the Defendant was sentenced to eight months of imprisonment for habitual larceny at the Seoul Western District Court, and on November 22, 2018, the Seoul Central District Court sentenced the Defendant to one year of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Central District Court, and on December 11, 2019, sentenced the Defendant to one year of imprisonment for larceny at the Seoul Central District Court, and completed the execution of the sentence at the Ansan Prison on October 17, 2020.

[Criminal facts]

1. Around December 8, 2020, the Defendant invadedd a structure, which was installed at the entrance of the victim C in Mapo-gu Seoul Metropolitan Government around December 8, 2020, in a warehouse managed by the victim C, and stolen property, and infringed upon the structure managed by the victim.

2. The Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) brought about 2 knife as knife two knifes with the total market value of KRW 150,000,000, which was owned by the victim C, at the time and place described in paragraph (1).

Accordingly, the defendant was sentenced to imprisonment not less than three times due to larceny, etc. and has committed larceny again within the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs, etc. of a C written statement;

1. Previous convictions: Article 319-1 (a) of the Criminal Act (a point of intrusion on a structure, choice of imprisonment with prison labor), Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 329 of the Criminal Act (a point of necessity) concerning criminal history, repeated offense, confirmation of criminal records and the same telephone, and criminal facts subject to the application of the relevant Acts and subordinate statutes as a result of the search of prisoners;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Scope of applicable sentences under law: One to fifteen years of imprisonment;

2. Scope of the recommended sentences according to the sentencing criteria;

A. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes [the thief] / [the thief] thief under the Aggravated Punishment, etc. of Specific Crimes Act].