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

Punishment of the crime

On November 3, 2006, the Defendant was sentenced to imprisonment for a maximum of 6 months with prison labor for special larceny, etc. at the Incheon District Court on April 2, 2009, for larceny, etc. at the Seoul Northern District Court on October 22, 2009, and three years of imprisonment with prison labor at the Seoul Northern District Court on April 8, 201, and for a crime provided for in Article 5-4 (5) of the Act on the Aggravated Punishment, etc. of Specific Crimes. On May 10, 201, the Defendant was sentenced to three years of imprisonment with prison labor at the Seoul Northern District Court on April 8, 201.

From September 23, 2013, the Defendant started to work as a sales employee at the “E” cell phone store operated by the victim D in the Gu-gu Seoul from September 23, 2013.

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) opened a door with the key that was received in advance from F of the employee F of the preceding day to open a store in the next day at around 07:08 on September 26, 2013, and opened a door with one of the 160,000 won of the market value, which is the victim’s possession, from among the paper boxes under the display stand under the display stand where the two mobile phones were kept.

Accordingly, the defendant stolen the victim's property.

2. The Defendant, as described in paragraph (1), opened a cell phone store managed by the victim as the key to the store located in the victim’s D, which was received in advance, in order to steal the middle and mobile phone owned by the victim, as described in paragraph (1).

Accordingly, the defendant invadeds on the building managed by the victim.

Summary of Evidence

1. Defendant’s legal statement

1. Legal statement of witness D;

1. Analysis of CCTV images;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

1. Article 5-4(5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, and Article 319(1) of the Criminal Act regarding criminal facts (the point of infringing upon a structure and the choice of imprisonment)

1. Articles 35 and 42 of the Criminal Act among repeated offenders.