A defendant shall be punished by imprisonment for six months.

Punishment of the crime

【Criminal Power】 On October 5, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny, etc. at the Daegu District Court Kimcheon Branch on April 22, 2017, and completed the execution of the sentence at the Kimcheon Juvenile Reformatory.

【Criminal Facts of Crimes】 On May 25, 2019, the Defendant: (a) around 16:12, 2019, at the “D’s precious metal shop operated by the victim C in substantial Gu-gu, Cheongju-si; (b) had the victim purchase gold b; and (c) had two gold 24 K gold bms equivalent to the total market value of the victim’s possession on the display stand by using the gaps in which the victim’s surveillance was neglected; and (d) had two gold 2.5 million won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation reports (verification of CCTVs against crime) and investigation reports (verification of places where damaged goods of a suspect are disposed of);

1. Previous records: Criminal records, inquiry reports, judgments, and the application of Acts and subordinate statutes on the current status of confinement by individuals;

1. Article 329 of the Criminal Act applicable to the crimes and Article 329 of the Election of Imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of punishment by law: Imprisonment for one month to 12 years;

2. Scope of recommending punishment according to the sentencing guidelines [Determination of types of punishment] thief for general property [Type 2] general larceny [Special thief] mitigated element: Reduction area of the same type of repeated crime (recommended area and recommendation range] that does not fall under the aggravation of specific crimes, reduction area of punishment, and April through October.

3. A sentence of imprisonment with prison labor for a more than six months: The circumstances favorable to the Defendant during which the instant crime was committed during the repeated crime period of the same crime: the Defendant appears to reflect the instant crime; and the above circumstances agreed with the victim, which comprehensively consider the age, character and conduct, environment, motive, means, and consequence of the instant crime, etc., shall be determined as per the disposition.