A defendant shall be punished by imprisonment for two years.

Punishment of the crime

On March 31, 2016, the Defendant was sentenced to one year and two months of imprisonment for larceny, etc. at the Changwon District Court, and was sentenced to six months of imprisonment for larceny at the Changwon District Court on January 23, 2018, and was sentenced to four months of imprisonment for larceny, etc. at the Changwon District Court on August 31, 2018, and completed the execution of the sentence on November 22, 2018.

On June 1, 2019, at the 'D' side parking lot operated by the victim C in Kimhae-si, Kim Jong-si, at around 09:48, the Defendant carried out one of the non-permanent air conditioners, which is equivalent to the market price of 1,500,000, kept by the victim in the place.

Accordingly, even though the defendant was sentenced to imprisonment more than three times due to larceny, etc., he stolen the victim's property during the repeated crime period.

Summary of Evidence

1. A protocol concerning the interrogation of suspects of E;

1. A written statement prepared in C;

1. A criminal investigation report (CCTV image analysis and escape route analysis);

1. Each photograph;

1. Previous convictions in judgment: The application of criminal records and investigation records (former and current investigation records) and Acts and subordinate statutes;

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

1. Aggravation of repeated crime (negative) (Article 5-4(5) of the Act on the Aggravated Punishment, etc. of Specific Crimes is reasonable to deem that the provision on repeated crime under the proviso of Article 8 of the Criminal Act is “where there is a special provision in the relevant Act” in relation to the provision on repeated crime. Therefore, the duplicate application of the provision on repeated crime under the general provisions of the Criminal Act is excluded) shall be determined as ordered by taking full account of various circumstances indicated in the trial and records, such as the Defendant’s age, character and conduct, environment, motive

D. Unfavorable circumstances: not only has the record of being punished several times due to the same crime, but also has not been aware of the fact that the crime of this case was committed during the period of repeated crime, and the possibility of criticism against the defendant is considerable: the amount of damage is not significant, and the fact that the living penalty is committed