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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
[Criminal history] The Defendant was sentenced to a suspended sentence of 8 months of imprisonment with prison labor for larceny on May 10, 2017 from the Busan District Court’s Busan District Court’s Branch, and the said judgment became final and conclusive on May 18, 2017, and is currently under suspended sentence.
[2017 Highest 3019] On September 17, 2017, the Defendant stolen the Defendant’s intention of 50,000 won at the market price owned by the victim D, which was in custody in the Capitalnet, by intrusion into the boarding room and the boarding room that was not corrected on the fourth floor of the C Hospital located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul.
[2018 Highest 856] The defendant around 09:20 on December 15, 2017, in the "G" operated by the victim F of the second floor of the building located in Gangnam-gu Seoul, Seoul E, even if he/she does not intend to pay his/her head, he/she would like to pay his/her employee H the price despite the absence of his/her intent to pay his/her head. He/she demanded heading to change his/her heading so that he/she was provided with the headinging service in an amount of KRW 20,00,000, and he/she had been placed in the nearby company of the wall.
At the same time, it has acquired property benefits equivalent to the same amount in a way that is missing.
Summary of Evidence
[2017 Highest 3019]
1. Statement by the defendant in court;
1. Images of CCTV, such as damaged articles and photographs (2018 highest 856);
1. Statement by the defendant in court;
1. Statement made by the police with I (before judgment);
1. Application of Acts and subordinate statutes to inquiries, such as criminal history;
1. Relevant Article 330 of the Criminal Act and Article 347 (1) of the Criminal Act (the point of larceny at night) concerning criminal facts, the choice of punishment (the point of larceny by intrusion upon residence, and the choice of imprisonment with labor);
1. Circumstances favorable to the reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Criminal Act: The fact that stolen damage was returned to the victim, the fact that the damage is relatively minor, and the fact that it is against the depth of mistake is disadvantageous: The Defendant committed the instant crime during the period of suspension of execution, and the sentencing conditions indicated in the theory and changes, such as the Defendant’s age, sex behavior, family relationship, and the circumstances before and after the commission of the crime.