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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On September 19, 2014, the Defendant was sentenced to a suspended sentence of 8 months for special larceny, etc. in the Gwangju District Court’s Branch Branch on September 19, 2014; on September 2, 2015, the Gwangju District Court sentenced six months of imprisonment for special larceny; and on November 1, 2016, the suspended sentence was revoked; and the execution of each of the above sentence was terminated in the Heung prison.
Criminal facts
Defendant, B, and C around November 15, 2018, around 15:35, 2018, at the Y branch of the E Bank in Gwangju Dong-dong-gu, the Defendant determined that the victim F would have a cell phone of an amount equivalent to KRW 600,00,00 at the market price of the victim’s possession that the victim F left before the receipt unit, and that the victim B and C would have a cellphone, and C agreed thereto, and the Defendant and B moved to the above receipt unit, and the Defendant stored the cell phone in the Defendant’s bank.
As a result, the defendant, B, and C stolen the victim's property together.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the examination of each police suspect against C, B, or the accused;
1. A written statement;
1. On-site report (on-siteCC-TV image verification);
1. Investigation report (related to recovery of damaged articles);
1. Previous convictions: Criminal records and investigation reports (verification of facts that have the same criminal records and the same repeated crime period): Court rulings of suspects - Application of Acts and subordinate statutes concerning personal confinement;
1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;
1. Article 35 of the Criminal Act among repeated crimes;
1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Scope of applicable sentences under law: Six to five years of imprisonment;
2. Aggravation of the punishment according to the sentencing guidelines (decision of types of punishment) for larceny in general property: The area of aggravation of the punishment for the same repeated crime (the area of recommendation and the scope of recommendation), which does not fall under the aggravation of specific crimes, (the area of recommendation and the scope of recommendation), six months through one year;
3. Determination of sentence: Six months of imprisonment;