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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
[Criminal Power] On January 30, 2019, the Defendant was sentenced to a suspended sentence of 4 months for larceny at the Gangnam Branch of the Chuncheon District Court, which was sentenced to a suspended sentence of 1 year.
2.8. The ruling becomes final and conclusive and is currently during the suspension of execution.
【Criminal Facts】
On December 20, 2019, at around 13:52, the Defendant, within the convenience store in Daegu Dong-gu, Daegu-gu C1st floor D, by making use of the gaps in which surveillance of E, who is an employee, was displayed at the display stand, was stolen by putting the property amounting to KRW 17,00,000, total of KRW 30,90,000, in a paper room.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. E statements;
1. Police seizure records, evidence of seizure, and list of seizure;
1. Report on investigation (as to attachment of photographs), investigation report (as to the table of 112 reported cases), and investigation report;
1. A previous conviction: A written inquiry result, a report on the results of confirmation of the previous disposition, and the application of Acts and subordinate statutes of the same kind of crime;
1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;
1. Scope of punishment by law: One to six years of imprisonment;
2. The scope of recommending punishment according to the sentencing guidelines [decision of types]. The scope of larceny [type 2] general larceny [the scope of recommending area and recommending punishment] and the basic area of punishment, six months to one year and six months; and
3. The Defendant, who was sentenced to a fine for larceny, has been punished two times, and the Defendant committed the instant crime without being aware of the fact that the Defendant had been sentenced to a suspended sentence for four months of imprisonment with prison labor for larceny as stated in the judgment in the year 2018, and that the instant crime was committed during the suspended sentence period without being aware of the fact that he/she had been sentenced to a suspended sentence for four months, and that the victim failed to obtain a letter from the victim, and that the victim wanted to punish the Defendant, may not be punished with severe punishment.