In the case of crimes No. 1 and No. 2 of the judgment of the defendant, imprisonment with prison labor for four months and for crimes No. 3 through No. 7 of the judgment of the defendant, four years.

Punishment of the crime

[The records of the crime committed by the Defendant at the Jung-gu District Court on July 23, 2013 sentenced a maximum of three years to imprisonment for a crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) and a short of two years and six months to a short term. On June 23, 2016, the execution of the sentence was terminated by Kimcheon Juvenile Prison, and the prosecutor did not state the records of the crime identified in the indictment. The facts of the Defendant’s criminal records, which are the grounds for the aggravation of repeated crimes, do not constitute criminal but merely constitute the grounds for sentencing. Thus, even if the indictment does not contain any provision on the application of the aggravation of repeated crimes, the court may ex officio apply such provision and punish the Defendant as a repeated crime (see, e.g., Supreme Court Decisions 71Do2004, Dec. 21, 197; 2004; 200Do314, Jul. 26, 2006).

On December 16, 2016, the District Court sentenced two months of imprisonment with prison labor for embezzlement at the Jung-gu District Court on December 24, 2016, which became final and conclusive on December 24, 2016. On January 20, 2017, the same court was sentenced to six months of imprisonment with prison labor for special larceny, etc. on February 1, 2017, which became final and conclusive on February 1, 2017, and on May 28, 2017, the execution of the sentence was terminated in the original prison.

[2017 Gohap 228]

1. On September 2016, the Defendant embezzled, without following necessary procedures, the victim’s resident registration certificates, wallets, and cosmetics stored in the bus owned by the victim I and returned it to the victim, on the ground that he/she would have possessed, on board the bus, and around the Mando-Eup, Seoyang-si. The Defendant embezzled it as he/she had on his/her own thought that he/she had.

2. From around 11:00 on September 27, 2016 to around 12:00 on the same day, the Defendant is at the K High School principal office in the Namyang-siJ, Namyang-si, and is at the issue of clothes of the Defendant.