A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

[criminal power] On June 11, 2015, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Daegu District Court, etc. on September 22, 2016, and one year, etc. at the Busan District Court. On February 8, 2018, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. on July 19, 2018.

【Criminal Facts】

On December 07, 2018, at around 05:00, the Defendant discovered a victim D-E taxi that was parked in rice bed of the Busan East-gu C High School located in B, Busan-dong, and opened a taxi door and opened a locking device by inserting the locking device into the corrected door of the said taxi and stolen the victim’s cash and property.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Previous convictions indicated in the judgment: Application of criminal records, reply reports, and the Acts and subordinate statutes concerning the personal confinement status;

1. Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes under Article 5-4(5) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, and Article 35 of the Criminal Act (where a person is punished as a repeated offender, including as part of the constituent elements, Article 35 of the Criminal Act is included in the relevant Act,

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] thief under the Specific Crimes Aggravated Punishment Act [Type 1] Joint habitual and repeated larceny [the scope of the recommended punishment] / There is no person who is a special offender] / [the scope of the recommended punishment and the scope of the recommended punishment] basic area, imprisonment for a year and six months to three years [the scope of the recommended punishment revised by the applicable sentencing guidelines] 2 to three years (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing punishment, and therefore the applicable minimum limit of the applicable sentencing punishment is set according to the law)

2. The sentence is inevitable, since the Defendant, who was sentenced to the sentence, committed the instant crime during the period of repeated crime.

(b) however,