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

Punishment of the crime

[criminal record] On July 29, 2005, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Chuncheon District Court on the Aggravated Punishment, etc. of Specific Crimes and completed the execution of the sentence on October 12, 2007.

[Criminal Facts] The Defendant, who was known to the general public, committed a crime and conspired to take part in the theft of, and divide, C (No prosecution of the case on January 22, 2010), D (No prosecution of the case on November 23, 2009) and other goods of another person, he/she was habitually committed.

1. At around 20:00 on December 2, 2007, the Defendant and the above C, at the residence of the victim F, the victim E-Ba 102, Gangnam-gu, Seoul, Gangnam-gu, 2007, reported a network from another person, and the above D, upon intrusion upon the building following the building into the residence, stolen the victim’s property in the market price, such as 18K Bans, necks, and Swinbs.

2. At around 19:00 on November 22, 2007, the Defendant: (a) reported the network coming from another person; (b) on the part of the victim H, the Defendant: (c) opened a kitchen and a kitchen window on the part of the other person; and (d) stolen the victim’s 14K 1,30,000 K Ban (market amounting to KRW 1,30,000).

Accordingly, the defendant stolen another's property habitually together with the above D and C.

Summary of Evidence

1. Witnesses D and C's respective legal statements;

1. Protocol concerning the examination of suspect C by the prosecution;

1. Statement made by each prosecutor's office with respect to D and C;

1. Each police statement made to F and H;

1. Report on the criminal place, report on the investigation (the contents of the direction of the inspection), and site inspection photographs;

1. Previous convictions in judgment: Criminal records and investigation reports (verification of repeated crimes A by a suspect);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, and the frequency of crimes;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 331 (2) of the Criminal Act regarding the crime;

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

1. The assertion by the Defendant and his defense counsel under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.