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

Punishment of the crime

[Criminal Power] On August 25, 2017, the Defendant was sentenced to imprisonment with prison labor for larceny from Daejeon District Court’s Branch of the Daejeon District Court on December 14, 2017, and one and a half years of imprisonment with prison labor for special robbery from Seoul High Court on December 14, 2017, and completed the execution of the sentence on March 5, 2019.

【Criminal Facts】

On August 1, 2019, at around 00:45, the Defendant: (a) opened a vinyl house in front of the residence of the victim C in the Western-gu, Western-si B; and (b) stolen it by putting it in 150,000 won and 8,000 won of the market price at the same place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (on the scene at the time of appearance, the process of arresting the suspect, etc.), site photographs, etc.;

1. Application of Acts and subordinate statutes to inquiries, such as criminal records, and reports on criminal investigations (report attached to judgments);

1. Article 330 of the Criminal Act applicable to the crime;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of recommending punishment according to the sentencing guidelines [decision of types] the scope of larceny [Type 4] for general property; intrusion larceny (special scams): In cases of intrusion upon places, other than indoor residential space, the factors of aggravation: The area of mitigation of punishment (the area of recommending punishment and the scope of recommending punishment) for the same repeated crime that does not fall under specific crime aggravation (the scope of recommending punishment) and the area of mitigation of punishment for eight months to one year;

2. Although the Defendant, who was sentenced to criminal punishment, was punished for a crime, such as theft, robbery, robbery, etc. of similar damaged articles under similar veterinary laws, the Defendant is not subject to liability for committing the same crime during the same repeated crime period.

However, considering the circumstances favorable to the defendant that are favorable to the defendant, the fact that the defendant's mistake is recognized, the value of the damaged goods is not significant, and the damaged goods are recovered from the crime early.

(Permissible Sentence of Sentencing). In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, various circumstances revealed in the trial process, such as the situation after the crime, etc.