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

An applicant for compensation shall be dismissed.

Punishment of the crime

On January 31, 1990, the Defendant, at the Dong Branch of the Seoul District Court, sentenced 8 months of imprisonment for attempted larceny, 2 years of suspended sentence, 4 years of suspended sentence, 10 months of imprisonment for larceny, etc. at the Government's branch of the Seoul District Court on April 21, 1992, 2 years of suspended sentence, 2 years of suspended sentence, 2 years of suspended sentence, 3 years of suspended sentence 2 years of imprisonment for larceny, etc. at the Government's branch of the Seoul District Court on May 24, 201, 11. On November 23, 2006, 1 year and 3 months of imprisonment with prison labor for larceny, etc. at the Suwon District Court's branch of the Suwon District Court on January 13, 201, and 2 years of imprisonment with prison labor for violation of the Act on the Aggravated Punishment, etc., on August 29, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Data on black stuff photographs;

1. Previous convictions in judgment: Criminal records, etc. (A), investigation reports (Attachment to four copies of judgment of a suspect in the same kind of crime), and personal identification and confinement status;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, and the repeated crimes of the same kind in the judgment;

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

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 32(1) and (2) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders, the Defendant has been aware of the gaps in other person’s place of business in which surveillance is neglected, and the same is applicable.