A defendant shall be punished by imprisonment for not less than three years and six months.

Punishment of the crime

[criminal power] On May 31, 2002, the Defendant was sentenced to one year to imprisonment with prison labor for a special larceny crime, etc. at Jeju District Court on June 4, 2003, three years to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at Jeju District Court on July 7, 2006, three years to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at Jeju District Court on April 29, 2010, and three years to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at Gwangju District Court on March 16, 2013.

【Criminal Facts】

At around 04:00 on July 15, 2013, the Defendant: (a) went back to the victim C-owned (3.08 tons, coastal complex fishing vessels, and rush 250 E-Vs) (hereinafter referred to as “victim C-owned”), which was connected to the land set at the entrance of the ship, and cut off the lines connected to the bend line with the bend line for work on the ship; and (b) laid off the bend line using the key posted to the steering device of the steering house.

Accordingly, the Defendant habitually stolen the above vessel equivalent to KRW 43 million in the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Previous records before ruling: Criminal history records, inquiry reports, investigation reports (Attachment of a copy of the judgment), and personal identification and confinement of each individual;

1. Habituality of the judgment: Considering the fact that the Defendant committed the instant crime during the repeated crime period after having been sentenced to punishment for the same criminal history, method of crime, and the same kind of crime as indicated in the judgment and the execution of the sentence was completed, the commission of larceny is recognized. The application of statutes to the law is applied

1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Reasons for sentencing [the scope of applicable sentences] for three years to twenty-five years [the decision of a sentence] thief], larceny, habitual, and repeated crime, for the reason that the sentencing is considered favorable among the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following reasons for sentencing].