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A person shall be punished by imprisonment with prison labor for not less than four months for a crime of No. 2.
Punishment for the first crime in the judgment of the defendant shall be exempted.
Reasons
Punishment of the crime
[criminal records] On June 16, 2016, the Defendant was sentenced to imprisonment with prison labor for six months with prison labor for larceny at the Daejeon District Court, which became final and conclusive on June 24, 2016. On June 13, 2017, the Defendant was sentenced to four months imprisonment with prison labor for attempted larceny at the Daejeon District Court, which became final and conclusive on June 21, 2017.
[Criminal facts]
1. On January 14, 2016, at around 15:00, the Defendant stolen the victim C by inserting the victim C’s “E Emt” operated by the victim C in Daejeon-gu Daejeon-gu, Daejeon-gu, and then 2,600 won in total of the market price using gaps in which the victim’s surveillance was neglected.
2. On March 20, 2017, the Defendant: (a) opened and opened a driver’s seat in front of the first electric field located in the 1279 (UP) as a dry field located in Daejeon-dong-gu, Daejeon-gu, Daejeon-gu; (b) opened and opened a door in which the vehicle of Gpoter owned by the victim parked in that place was not corrected; and (c) cut off with a door containing the key of the vehicle with no knowledge of the market price and the key of the passbook, etc.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement of F and C;
1. CCTV photographs;
1. 112 Reporting case handling table;
1. Previous records of judgment: Application of the results of inquiry, investigation report (Attachment to a copy of a summary order, indictment of a case in trial, etc.);
1. Article 329 of the Criminal Act concerning the facts constituting an offense;
1. Selection of each sentence of imprisonment;
1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;
1. The latter part of Article 39(1) of the Criminal Act (amended by Presidential Decree No. 1) (amended by Presidential Decree No. 1) (amended by Presidential Decree No. 2010, Jan. 1, 2011) (amended by Presidential Decree No. 2010, Jan. 1, 2011) (amended by Presidential Decree No. 2010, Jan. 1, 2011) (amended by Presidential Decree No. 20110, Jan. 2, 2011) (amended by Presidential Decree No. 20110, Jan.