A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On July 15, 1998, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny, etc. at the Suwon District Court. On June 21, 2001, the same court was sentenced to 1 year and 6 months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and on September 21, 2004, sentenced to 2 years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc., of Specific Crimes, etc., (Larceny) in the Suwon District Court. On April 6, 2007, the same court was sentenced to 3 years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc., of Specific Crimes, etc., and on September 16, 2011, the same court issued a summary order of 500,000 won of a fine for larceny to 30 years of imprisonment with prison labor for habitual larceny.

【Criminal Facts】

around 06:30 on February 17, 2018, the Defendant entered the “D gas station” office operated by the victim C in Scheon-si B, and carried 2,180,700 won in cash owned by the victim in the safe.

Accordingly, the Defendant, who was sentenced to imprisonment more than three times with prison labor due to larceny, stolen the victim's property during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written petition;

1. Two copies of a report on internal affairs (Attachment of computerized data on the amount of damage), two copies of a photographic computerized data on sales amount, and a report on investigation (Attachment ofCCTV image data and resident registration);

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (the confirmation of crimes during the same type of crime and the period of repeated crimes);

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 criminal facts;

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

1. Elements of sentencing unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: The period of repeated crime is not one of the period of repeated crime even though punishment was previously imposed for larceny several times.