A defendant shall be punished by imprisonment for not less than eight months.

Criminal facts

On February 7, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for larceny at the District Court of the Republic of Korea on May 10, 2014, and completed the execution of the sentence.

At around 02:50 on October 17, 2014, the Defendant: (a) stopped in the vicinity of Yongsan-gu, Yongsan-gu, Yongsan-si; (b) in E-si owned by the victim D; and (c) in the case of the victim’s being kept in custody of the chief goods in a place where the victim was temporarily locked (or equivalent to KRW 50,00 in a market price); and (d) in the case of KRW 2,20,000 in Chinese currency, 2, 2, 200 won in Chinese currency, 4, 5 won Chinese currency, 3, 100 Chinese currency, 2, 5 won Chinese currency, 100 won Chinese currency, 1,000 Chinese currency, 30,000 won Chinese currency, and 30,000 won in a market price, and stolen the property of the victim.

Summary of Evidence

1. Statement by the defendant in court;

2. Statement made by the police against D;

3. Police seizure protocol (No. 5) and investigation report (No. 13 No. 13).

4. Previous records before ruling: Application of criminal records, references to criminal records, investigation reports (Evidence List No. 16)-related Acts and subordinate statutes.

1. Relevant Article 329 of the Criminal Act concerning the facts constituting an offense and Article 329 of the Criminal Act;

2. Although the reason for sentencing under Article 35 of the Criminal Act among repeated offenders had been committed several times in the past, the fact that the Defendant committed the instant crime during the period of repeated crime is an element for sentencing unfavorable to the Defendant.

On the other hand, it is an element of sentencing favorable to the defendant, such as the fact that the defendant led to the confession of the facts charged in the instant case and the fact that the damaged goods were recovered to the victim

Furthermore, considering the sentencing data expressed in the arguments such as the Defendant’s age, character and conduct, and environment, the sentencing guidelines formulated by the Sentencing Commission also refer to the sentencing guidelines for larceny crimes.