A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[Criminal record] On May 15, 2009, the Defendant was sentenced to imprisonment with prison labor for the same crime at the Seoul Northern District Court on the grounds of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief). On September 22, 2011, the Defendant was sentenced to imprisonment with prison labor for the same crime.

On June 1, 2016, the Defendant was sentenced to two years of imprisonment for the same crime at Seoul Western District Court, and on March 20, 2018, the Seoul Southern District Court completed the execution of the sentence.

[Criminal facts]

1. On July 13, 2018, the Defendant: (a) committed a theft of property owned by, or attempted to commit a theft of, the victim’s property on three occasions in total, including, but not limited to, a subway No. 5 lines located in the Dong of the money of Jongno-gu Seoul Metropolitan Government; (b) on the route near the station, the victim C discovered that the victim was under influence of alcohol and was suffering from the victim; and (c) a mobile phone of approximately 340,00 won at the market price, which is the victim’s possession that was located adjacent to the victim; and (d) from that time until August 19, 2018, the Defendant committed a theft of property owned by, or attempted to commit a theft of, the victim’s property at least three times in total, as indicated in the list of crimes in the attached Table.

As a result, the defendant was sentenced to punishment twice or more habitually due to larceny, and again attempted to steals another's property or to steal another's property habitually within three years after the execution of the punishment was completed.

2. Around June 2018, the Defendant embezzled, at the end of the Jongno-gu Seoul Metropolitan Government’s subway 5 lines located in the Dong of the money of Jongno-gu, the Defendant did not take necessary measures, such as acquiring Samsung G5’s cellular phone at the time of the loss of the victim D, and returning the victim’s gallon, and embezzled it as he/she had on his/her own idea.

Summary of Evidence

【Criminal facts No. 1】

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. A statement prepared by the F;

1. Protocol of seizure [the fact of crime No. 2 in its holding];

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Protocols of seizure (prior records and habitual records of judgment);

1. A previous conviction: A written inquiry and an investigation report (a special circumstance shall be habitual offenders of this Act).