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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[criminal history] On December 27, 2007, the Defendant was sentenced to four months of imprisonment with prison labor for night residence larceny, etc. at the Cheongju District Court, and on February 14, 2012, the same court was sentenced to one year and six months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the same court, and on April 5, 2016, the same court was sentenced to one year and four months of imprisonment with prison labor for habitual special larceny and completed the execution of the sentence in the first school district court on May 28, 2017.
[2] On July 6, 2017, the Defendant: (a) was parked on the street in front of the building Heung-gu Seoul Special Metropolitan City building Heak-gu B on July 6, 2017; (b) was discharged from the charge amounting to KRW 970,00 won in cash, which is owned by the victim C; (c) the market price of KRW 50,000 in the face of the delivery
L. A. L. theft was committed.
As a result, the defendant was sentenced twice or more to larceny, etc. and habitually commits larceny within three years after the execution of the sentence is completed.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. A thief report, each internal investigation report, caps of the crime scene, images of the crime scene, and video CDs;
1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (verification of criminal suspect's history of the same theft), each judgment, and current status of personal confinement;
1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crime has been committed in a planned manner;
1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime;
1. Article 35 of the Criminal Act for aggravated repeated crimes [Inasmuch as there exists a criminal record of habitual special larceny in the judgment that the execution of punishment was completed on May 28, 2017]
1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances) of the Act on the Mitigation of Small Quantity
1. The scope of applicable sentences under law: Imprisonment with prison labor for not less than one year and six months nor more than twenty-five years;
2. The scope of the recommended punishment on the sentencing guidelines: two types of larceny under the Act on the Aggravated Punishment of Specific Crimes (Habitual Larceny) (the person who is subject to special sentencing) (the person who is subject to special sentencing) shall be punished by imprisonment for up to four years (the determination of type).