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

Punishment of the crime

On December 22, 2004, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Cheongju District Court. On March 28, 2013, the Daejeon District Court sentenced him/her to one year and one year of imprisonment for special larceny, and completed the execution of the sentence in the public prison on February 18, 2014. On April 29, 2015, the Defendant was sentenced to one year and six months of imprisonment for habitual larceny at the Daejeon District Court and completed the execution of the sentence in the Daejeon District Court on August 28, 2016.

1. On September 18, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes against the Victim C (thief) committed the following theft: (a) intrusion upon the said church through its windows; (b) subsequently, upon entering the said church, 4,000 won in a set of a coffee board owned by the victim, which was installed in the second floor restaurant, brought about a theft: (c) the Defendant, who was sentenced to imprisonment not less than three times with prison labor due to larceny, etc.; and (d) committed the larceny of intrusion into the night structure again.

2. Around March 9, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes against the Victim D (thief) committed a theft, taking place in Franchiscing from the victim’s management of the victim in Sejong-Class E, by cutting the door key to the cut gate installed therein, intrusion into the said shop, and then cutting off the 30 percent of the market value of the victim’s possession, which was displayed in the tobacco display box, etc. Accordingly, the Defendant, who was sentenced to imprisonment not less than three times with prison labor due to larceny, etc., committed a special larceny.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. C’s statement;

1. Inquiries about criminal history and application of the Act on Reporting Criminal Investigations;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 330 of the Criminal Act, and Article 331 (1) of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

1. Articles 53 and 55 of the Criminal Act for mitigation of amount;