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A person shall be punished by imprisonment with prison labor for not less than two months, or by imprisonment for not more than one year and six months for a crime of No. 2 as decided by the court below.
Reasons
Criminal facts
On January 26, 2005, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny at the Seoul Central District Court, and on November 29, 2005, the Seoul Northern District Court sentenced eight months of imprisonment with prison labor for larceny. On November 2, 2017, the Seoul Central District Court sentenced ten months of imprisonment with prison labor for larceny at the Seoul Central District Court, and on November 10, 2017, the said judgment became final and conclusive on November 10, 2017, and on July 7, 2018, the Seoul Southern District Court completed the execution of the sentence.
1. On January 8, 2017, at around 15:19, 2017, the Defendant got off a 1.3 million won of the market price where the victim D was placed on the victim’s own will, with a cover of a cover of KRW 600,000,00 in the market price where the victim D had a cover of a cover of a cover of a cover of KRW 700,000,00 in the market price.
Accordingly, the defendant stolen the victim's property.
2. On August 18, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) around 15:41, 2018, around August 18, 2018, entered a 2nd floor “F” restaurant located underground in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, with the victim G having a bag food, and 1.50,000 won of the market price of the victim, which is the victim’s possession on the table, flus cellular phone and 1.50,000 won of the market price.
Accordingly, the defendant was sentenced to imprisonment more than three times with prison labor for larceny, and stolen the victim's property during the period of repeated crime.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of victims of D;
1. Data on CCTV photographs for committing a crime;
1. Images of the CCTV at the scene of a crime;
1. A written statement of the G victim;
1. Images of the CCTV at the scene of a crime;
1. Photographss of the CCTV inside the crowdfunding hole by capturing it;
1. Previous conviction: Application of Acts and subordinate statutes of the judgment, such as inquiry about criminal history, investigation report (Attachment of the results of inquiry about criminal history, attachment of the relevant case), investigation inquiry results, and application of confinement inquiry;
1. Article 329 of the Criminal Act that provides for the pertinent provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, the choice of punishment (abstinence of intention, choice of imprisonment), Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the Criminal Act.