절도
A defendant shall be punished by imprisonment for not more than ten months.
Punishment of the crime
[Criminal Power] On March 19, 2010, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in Ansan District Court’s Ansan Branch on March 19, 201, and completed the execution of the sentence in the Southern Prison on January 17, 20
【Criminal Facts】
On January 10, 2015, around 10:13, the Defendant: (a) opened the steering door of the Dap Motor Vehicle owned by the Victim C, which was parked in a state of not correcting it on the street, located in Geumcheon-ro 13-17, 2015, and brought about KRW 200,000 in cash owned by the Victim C, which was in the custody of the Defendant, from October 19, 2014 to January 20, 2015, stolen property as follows, as the list of crimes. < Amended by Act No. 12844, Oct. 19, 2014>
Summary of Evidence
1. Defendant's legal statement;
1. Second-time protocol concerning the examination of the accused by the prosecution;
1. Written statements from C and E (victims);
1. Protocols of seizure, seized objects, photographs, etc.;
1. A report on investigation (the page for committing crimes, such asCCTV);
1. On-site photographs (1), (2)
1. Previous records: Criminal records, inquiry reports, investigation reports (Attachment of judgments of the same kind as a suspect), and application of Acts and subordinate statutes to the number and confinement status of each individual;
1. Article 329 of the Criminal Act applicable to the crimes;
1. Article 35 of the Criminal Act among repeated crimes;
1. Reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes [the scope of recommending punishment]: Reduction area ( August to January 16) mitigated (special mitigation factors): Reduction element of living aggravated crime: For the same repeated crime (decision of sentence] which does not correspond to special crimes during the period of repeated crime in a manner similar to that of the past during the period of repeated crime, it is inevitable to sentence of sentence in light of the fact that the repeated crime is committed in a way similar to that of the past during the period of repeated crime, and that there is no agreement with most victims.
However, the sentence was imposed in consideration of the fact that it is close to the living-type crime, the partial damage was temporarily returned, the agreement with the victim C was reached, the defendant divided the crime, the support relationship of the defendant and the economic situation.
(b) for more than one year.