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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Punishment of the crime
[Criminal record] On August 18, 2016, the Defendant was sentenced to imprisonment with labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul High Court on the Aggravated Punishment, etc. of Specific Crimes and completed the execution of the sentence on September 9, 2017.
[Criminal facts]
1. A thief Defendant was on the display stand in D2-story food store located in Jung-gu Seoul, Jung-gu, Seoul around March 5, 2018.
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2. The Defendant, as described in the foregoing paragraph 1, committed assaulting the victim E with the wheels of his hand when he contained the above damaged articles in a shopping bag, and discovered them to the victim E (25 years).
Summary of Evidence
1. Statement by the defendant in court;
1. Legal statement of witness E;
1. Each police statement made to F and E;
1. A statement of F and E;
1. Investigation report (the confirmation of the parts of the victim E), investigation report (the confirmation of the market price of the damaged goods);
1. Photographs of damaged articles;
1. Previous convictions: (A) a reply to inquiry, such as criminal history, reporting on the results of investigation (related to the search of suspects), reporting on investigation (limited to search of suspects) and application of Acts and subordinate statutes;
1. Relevant Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 260 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Grounds for sentencing of Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 (only to the extent that the punishment is added up with the maximum term of two crimes) of the Criminal Act to increase concurrent crimes;
1. Imprisonment with prison labor for not more than 16 years;
2. Scope of the recommended sentences according to the sentencing criteria;
A. The weighting area of larceny [the range of punishment recommended for larceny] No. 2 types of larceny (general larceny) for general property (not less than 10 months but not more than 2 years).