Text
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Punishment of the crime
On July 12, 2017, the Defendant was sentenced to imprisonment with prison labor for habitual larceny, etc. by the Seoul Northern District Court on July 12, 2017 and completed the execution of the sentence on October 1, 2018.
On June 14, 2019, at C Office located in Seongbuk-gu Seoul Metropolitan Government on June 14, 2019, the Defendant: (a) opened a bank of the victim with the victim's family seated; (b) opened a bank of the victim's family seated; and (c) cut off the victim's cash owned by the victim; (d) one credit card of the bank in Korea; (e) one resident registration certificate of the new bank; (e) one driver's license; and (e) two rehabilitation tickets.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Each CCTV photograph;
1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports (crimes during the repeated period)-related Acts and subordinate statutes;
1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;
1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;
1. Aggravation factors of larceny [Type 2] general larceny [Special Aggravation] according to the sentencing guidelines: Aggravation area of repeated crimes of the same kind which do not fall under specific crime Aggravated Punishment [Recommendation Area and Recommendation Scope], 10 months through 2 years of imprisonment;
2. Not only has the record of punishment several times for the crime of larceny of the same kind sentenced to punishment, but also repeating the crime of this case during the period of repeated crime resulting therefrom, recognition and reflect of the mistake caused by the crime of this case, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc. shall be determined as ordered in consideration of the circumstances after the crime, etc.