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

Punishment of the crime

[Criminal Power] On April 19, 2011, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence on February 19, 2013. On April 15, 2015, the Jeju High Court rendered a sentence of two years and six months of imprisonment for habitual special larceny, etc., and completed the execution of the sentence on January 23, 2017.

【Criminal Facts】

On December 22, 2018, around 20:53 on December 22, 2018, the Defendant: (a) committed a theft with one punishment equivalent to KRW 1,800,000 at the market price, which was the victim’s possession of sexual harassment, by entering the victim D, located in Yeongdeungpo-gu Seoul Metropolitan Government B and C, in front of the residence of the victim D.

As a result, the Defendant was sentenced to two times due to habitual larceny, etc., and again intruded upon the residence at night within three years after the execution of the sentence was completed, and stolen the property.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. A gene appraisal report and a detention suspect's personal information inquiry report;

1. The CCTV screen and a copy of the CCTV image, and each CCTV screen;

1. Previous records of judgment: Verification of criminal records, repeated statements, repeated crimes, and other related cases;

1. Habituality of the judgment: The defendant and his defense counsel claim that the crime of this case is not habitually committed, but can be admitted as damps in light of the records of each crime, the method of crime, and the fact that the same kind of crime continues to be repeated within the period of repeated crimes of the same kind;

Application of Statutes

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to twenty-five years;

2. The scope of the recommended punishment according to the sentencing guidelines [decision on the types of punishment]. The theft under the Specific Crimes Aggravated Punishment Act [Type 2] shall be habitually stolen (special person].