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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On September 17, 2015, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Daejeon District Court, and on February 8, 2017, the same court sentenced four months to imprisonment with prison labor for the same crime, etc. on April 14, 2017, and completed the execution of the final sentence at the Daejeon District Court.
On May 4, 2017, around 06:17, the Defendant: (a) reported that there was no entrance door of the said restaurant operated by the Victim AJ in Daejeon-gu, Daejeon-gu, Daejeon-gu; and (b) confirmed that there was no entrance door of the said restaurant; and (c) entered the said restaurant into the said restaurant and intruded the said building.
The Defendant continuously stolen the victim's 170,000 won, which was in the victim's new restaurant, from outside the reported 10,000 won.
Summary of Evidence
1. Statement by the defendant in court;
1. AJ Statement;
1. A criminal investigation report (CCTV verification);
1. Previous records: The results of inquiry and the application of Acts and subordinate statutes to criminal investigation reports (Attachment of cases among suspect trials);
1. Relevant Article 329 of the Criminal Act concerning the facts constituting an offense, and Article 329 of the Criminal Act concerning the choice of punishment (abundance of a structure, a choice of imprisonment), and Article 319 (1) of the Criminal Act (abundance of a structure, and a choice of imprisonment);
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the punishment of concurrent crimes include: (a) the defendant committed the crime of this case in favor of the defendant; and (b) the fact that the market value of stolen stolen goods is not so significant; (c) the defendant committed the crime of this case without being aware of the period of repeated crime due to larceny that became final and conclusive; (d) the defendant was punished for the same crime; (e) the defendant was able to have been punished for the same crime; (e) the defendant was unable to agree with the victim; and (e) the victim was able to be punished for the defendant, under the circumstances unfavorable to the defendant; and (e) the age, sex, environment, motive, means, and consequence of the crime of this case, such as the records and the circumstances before and after the crime, etc., under Article 51 of the Criminal Act.