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

Punishment of the crime

On April 19, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in the Suwon District Court’s Ansan Branch, and was sentenced to three years for the same crime at the Suwon District Court on August 12, 2014. On August 25, 2017, the Defendant was sentenced to two years for imprisonment with prison labor for the same crime at the Ansan Branch Branch of the Suwon District Court on August 25, 2017 and completed the execution of the sentence on May 29, 2019.

At around 05:40 on June 8, 2019, the Defendant discovered that the Da Do SM5 car, which was parked in front of the Sinpo City B, does not completely shut down the rear seat window, opened a door to remove the locker by inserting his hand, and cut off the 147,000 Addis movement car, the market value of which is equivalent to 147,000 won, which was kept in the vehicle.

As a result, the defendant was sentenced to imprisonment not less than three times with prison labor for the crime or attempted crime of Articles 329 through 331 of the Criminal Act, and again stolen the victim's property within three years after the execution of the sentence was completed.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. On-site photographs and suspect photographs, CCTV images, and closure photographs;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (whether they fall under crimes of violation of the Criminal Procedure Act and subordinate statutes attached to the same criminal records and investigation reports;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommendations given in the sentencing guidelines] - The basic area (one year and six months to three years) of the first category of larceny (joint and repeated larceny) under the Specific Crimes Aggravated Punishment Act [the decision of sentencing] and the attitude of the defendant to recognize and reflect the crimes.

The amount of damage is the small amount and the theft was returned to the victim.

However, the defendant committed the crime of this case again during the period of repeated crime, for which more than three times have passed since he was sentenced to imprisonment with prison labor for the same crime.