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The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
[criminal power] The Defendant was sentenced to three months of imprisonment with prison labor for larceny at the Suwon District Court on June 28, 2012; on August 21, 2015, the Daejeon District Court sentenced one year and two months of imprisonment with prison labor for habitual larceny, etc. on August 29, 2015; on October 29, 2015, the Suwon District Court sentenced one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Suwon District Court on August 18, 2017; on June 5, 2018, the Defendant completed the execution of the sentence in the Suwon District Court on June 5, 2018; and on February 11, 2019, he/she was sentenced to one year of imprisonment with prison labor for a violation of the Aggravated Punishment, etc. of Specific Crimes Act at the Suwon District Court on February 19, 2019.
【Criminal Facts】
On December 20, 2018, at around 16:11, the Defendant: (a) opened a door in which cash stored was not corrected with the intent to steal; (b) opened and intruded into the door, and used any crepans, one of the cash owned by the victim, 5,000 won in the market price, which includes 5,00 won in cash stored therein.
Therefore, even though the defendant was sentenced to imprisonment more than three times due to the larceny, he again stolen another's property during the repeated crime period.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. Related photographs and CCTV images;
1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, and application of Acts and subordinate statutes as a result of confinement of prisoners;
1. Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act and Article 5-4(5) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 13717, Jan. 6, 2016) as to the crime of crime are sentenced to imprisonment not less than three times with prison labor for the crime of Articles 329 through 331, 333 through 336, 340, and 362 of the Criminal Act, or for the attempted crime.