A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[Criminal record] The Defendant was sentenced to four years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court on December 16, 2010 and completed the execution of the sentence at the Daegu Prison on June 8, 2014.

[2] On April 3, 2015, at around 01:47, the Defendant: “E store operated by the victim D” located in Daegu Suwon-gu Suwon-gu, Daegu-gu, 2015; then, the Defendant: (a) placed the above dracker in the next drupture of the next dracker’s key device; (b) damaged the correction device by using the dracker’s key device; and (c) invaded into the said store; and (d) stolen the cash owned by the victim and 2.5 billion won in the market price of the victim’s possession displayed in the said store; and (c) 35 points in clothes (terts and diskettes) owned by the victim and 3,343,000 won in the market price of the said store.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A protocol of seizure and a list of seizure;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation as to whether a repeated offense is made);

1. Articles 331 (1) and 330 of the Criminal Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Application of the sentencing criteria [Scope of Recommendation] Larceny for general property: The same kind of repeated crime that does not fall under the aggravation of specific crimes (a person subject to special sentencing) in the area of aggravation (one month to four years from January 6) (a person subject to special sentencing)

2. The Defendant, who was sentenced, did not know of the period of the same repeated crime, committed the instant crime, and the method of committing the instant crime is also bad, and thus, the nature of the crime is heavy.

However, there are various reasons for sentencing, which are shown in the arguments of this case, such as the fact that the defendant is against and not to repeat the crime, the damage is minor and that there is an agreement with the victim, and the age, sex, intelligence and environment of the defendant, motive, means and consequence of the crime, and the circumstances after the crime.