The punishment of the accused shall be determined by one year and six months.

Punishment of the crime

[Criminal Power] On September 30, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in the Seosan Branch of the Daejeon District Court, and was sentenced to imprisonment with prison labor for the same crime on October 5, 2012, and was sentenced to two years and six months for two years and six months, and on February 20, 2018, the Defendant completed the execution of the sentence in the Daejeon District Court on July 5, 2019.

【Criminal Facts】

On November 29, 2019, the Defendant: (a) opened and entered into a steering flab, which was parked at the victim C’s D Pob, in front of the Chungcheongnam-si, Chungcheongnam-do; and (b) cut off with approximately KRW 900,000,00 in cash, which is the victim’s possession in the said cargo vehicle, and one pocket book.

Accordingly, the Defendant, who was sentenced to imprisonment not less than three times due to larceny, has stolen property during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A photograph of the damaged field, a photograph of damaged articles, a pocket book recovery photograph, and a CCTV closure photograph;

1. Records of seizure and the list of seizure;

1. Previous records of judgment: Criminal history records, a copy of judgment, and the application of Acts and subordinate statutes concerning the acceptance of individuals;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329 and 35 of the Criminal Act concerning the crime committed;

1. The scope of recommending punishment according to the sentencing guidelines for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation [Article 1] of the Act on the Aggravated Punishment of Specific Crimes [Article 1] joint habitual and repeated larceny [the scope of recommending punishment and recommending punishment] basic area (no special person) of the crime (the scope of recommending punishment and recommending punishment], the amount of damage caused by the decision on the punishment for 1 year and 6 months to 3 years is small amount and some were returned to the victim, and the crime of this case was committed in a short period after being released from prison despite having been punished several times for a similar crime, the crime of this case was committed in a short period after being released from prison, the background of the crime of this case, the defendant's age and environment, etc.