Text
A defendant shall be punished by imprisonment for three years.
The defendant shall pay 2,288,000 won to an applicant for compensation.
The above compensation order shall be.
Reasons
Punishment of the crime
On September 19, 197, the Defendant received juvenile protective disposition from North Korea branch of the Seoul District Court, and on April 12, 200, the same court was sentenced to a suspended sentence of 8 months for larceny. On October 6, 2005, the Changwon District Court was sentenced to a suspended sentence of 1 year and 6 months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On September 28, 2007, the Seoul Northern District Court was sentenced to 1 year and 6 months and 300,000 won for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On August 28, 2009, the court was sentenced to 3 years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and completed the execution of the sentence on June 30, 2012.
On July 26, 2013, around 03:58 on July 26, 2013, the Defendant habitually discovered the victim C who was locked in front of the E- clothing store located in Seongbuk-gu Seoul Metropolitan Government D, and stolen the victim C with a net gold b,288,000 won at the market price which was suffering from the victim's item.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning C and F;
1. The suspect's dives and dives photographs;
1. Previous records of judgment: Criminal records, inquiry reports and investigation reports (verification of criminal records of the same kind as a suspect);
1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, method of crime, etc. as stated in the judgment;
1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the relevant criminal facts;
1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including circumstances favorable to the following reasons for sentencing):
1. Reasons for sentencing under Articles 25 (1) and 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Orders for Compensation and Sentence of Provisional Execution;
1. Scope of recommendations;
(a) Determination on types: Type one of the larceny of habitual repeated crimes (ordinary larceny);
(b) Scope of recommendations: Imprisonment with prison labor for not less than three years but not more than six years;