The punishment of the accused shall be determined by four months of imprisonment.

Punishment of the crime

On December 15, 2016, the Defendant was sentenced to the suspension of the execution of imprisonment for six months at the Gwangju District Court for larceny on December 15, 2016, and the decision became final and conclusive on December 23, 2016, and is currently under probation.

On October 9, 2017, at around 12:57, the Defendant: (a) stolen one of the clothes equivalent to KRW 252,00 at the market price using the gaps in which the surveillance of the Victim F (M, 50 years of age) was neglected; (b) around 12:57, the Defendant used the gaps in the D 1st floor “E” store located in Gwangju Northern-gu, Gwangju.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Certificates of accepting damaged articles;

1. On-site photographs, etc. related to larceny;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, each investigation report (the confirmation of the previous history and the confirmation date of the judgment);

1. The relevant Article of the Criminal Act, Article 329 of the Criminal Act, the grounds for sentencing of the punishment of imprisonment, and the reasons for choosing the punishment;

1. The scope of punishment recommended on the sentencing guidelines [the type of punishment] shall be limited to the basic area [the scope of punishment recommended] of the two types of larceny (general larceny) [the determination of the sphere of recommendation] [the scope of punishment] from six months to one year and six months;

2. Determination of sentence: Determination of sentence: Determination of sentence beyond the lower limit, in light of all the sentencing conditions set forth in the arguments in the instant case, including the following circumstances in the four months of imprisonment, including the Defendant’s age, sex, environment, background of the crime, and circumstances after the crime, etc., the determination of sentence within the scope of the recommended sentence according to the sentencing guidelines is somewhat harsh, and thus, the sentence shall be set as the order.

favorable circumstances: High value of the damaged goods;

It is difficult to do so, and the damaged goods were returned to the victim.

The crime was led to confession.

The mistake is divided.

The defendant is aged and is not healthy.

Unfavorable circumstances: A crime committed during the period of suspension of execution due to the same crime.

After having been sentenced to suspended sentence, a similar crime under several laws has been committed, and it has again committed the crime of this case while the public trial (a public trial by a request for formal trial by a defendant) has been pending.

In addition, the punishment as well as criminal records.