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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
[criminal history] On June 22, 2016, the Defendant was sentenced to 10 months of imprisonment with prison labor for larceny, etc. from the capital support in the Suwon House, and completed the execution of the sentence on February 4, 2017.
[Criminal facts] On July 22, 2018, the Defendant was parked outside the office of smart key by using the gap in the victim C operated by the victim C in Gwangju City around 11:47.
E Launaly, after having opened the entrance of the vehicle at issue, 650,000 won in cash owned by the victim and stolen it.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A fire-proof report, and photographs and field photographs by cutting off on-site CCTVs;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes;
1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;
1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;
1. Scope of the recommended punishment [the scope of the recommended punishment] on the sentencing criteria, and the scope of the punishment [the scope of the punishment] for general property of the same kind that does not fall under the aggravation of the punishment (special mitigation) for the mitigated area (4 months to 10 months) (special mitigation] / Specific crime (a repeated crime)
2. Determination of sentence [public prosecutor's opinion] Imprisonment with prison labor for one year and six months / [Judgment] imprisonment with prison labor for six months, taking into account the fact that the defendant was in the same repeated crime period, which led to this case, and that the defendant has the same power as the defendant several times.
However, considering the favorable circumstances such as the defendant's confession, the fact that the victim does not want the punishment of the defendant by agreement with the victim, the amount of damage is not so significant, various sentencing conditions under Article 51 of the Criminal Act, which are shown in the records and arguments of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc.